[Federal Register: November 8, 2005 (Volume 70, Number 215)]
[Rules and Regulations]
[Page 67785-67860]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no05-5]
[[Page 67785]]
-----------------------------------------------------------------------
Part II
General Services Administration
-----------------------------------------------------------------------
41 CFR Parts 102-71, 102-72, et al;
Federal Management Regulation; Real Property Policies Update; Final
Rule
[[Page 67786]]
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 102-71, 102-72, 102-73, 102-74, 102-75, 102-76, 102-
77, 102-78, 102-79, 102-80, 102-81, 102-82, and 102-83
[FMR Amendment 2005-03; FMR Case 2005-102-8]
RIN 3090-AI17
Federal Management Regulation; Real Property Policies Update
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration is amending the Federal
Management Regulation (FMR) to update the legal citations to conform to
Public Law 107-217 and to incorporate additional policy guidance.
Public Law 107-217, which was enacted on August 21, 2002, revised,
restated, and recodified, without substantive change, certain laws
related to public buildings, property, and works in Title 40 of the
United States Code. Accordingly, this final rule cancels and replaces
in its entirety FMR Amendment C-1 issued December 13, 2002. In addition
to updating the legal citations, this final rule implements new
accessibility standards for Federal facilities and provides additional
real property policy coverage on the integrated workplace, sustainable
development, outleasing, telework, siting antennas on Federal property,
seismic safety, screening of excess real property, and the National
Environmental Policy Act of 1969 (NEPA), as amended. The FMR and any
corresponding documents may be accessed at GSA's Web site at http://www.gsa.gov/fmr
.
DATES: Effective Date: November 8, 2005.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035,
GS Building, Washington, DC, 20405, (202) 208-7312, for information
pertaining to status or publication schedules. For clarification of
content, contact Mr. Stanley C. Langfeld, Director, Regulations
Management Division, Office of Governmentwide Policy, General Services
Administration, at (202) 501-1737, or by e-mail at
Stanley.langfeld@gsa.gov. Please cite FMR case 2005-102-8, Amendment
2005-03.
SUPPLEMENTARY INFORMATION:
A. Background
As part of GSA's regulatory improvement initiative, GSA published a
final rule that created FMR parts 102-71 through 102-82 (41 CFR parts
102-71 through 102-82), entitled ``Real Property Policies,'' in the
Federal Register on January 18, 2001 (66 FR 5358). On December 13,
2002, GSA published FMR Amendment C-1 as a final rule in the Federal
Register (67 FR 76820), which completed the transfer of coverage on
real property policies from the Federal Property Management Regulation
(FPMR) to the FMR and created a separate part, FMR Part 102-83, to deal
specifically with updated policy concerning the location of space.
Also, on December 13, 2002, GSA published FPMR Amendment D-99 as a
final rule in the Federal Register (67 FR 76882), which removed all
real property policy coverage from the FPMR and provided cross-
references that directs readers to the coverage in the FMR.
B. Executive Order 12866
The General Services Administration (GSA) has determined that this
final rule is not a significant regulatory action for the purposes of
Executive Order 12866.
C. Regulatory Flexibility Act
This final rule is not required to be published in the Federal
Register for comment. Therefore, the Regulatory Flexibility Act does
not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FMR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501 et seq.
E. Small Business Regulatory Enforcement Fairness Act
This final rule is exempt from Congressional review under 5 U.S.C.
801 since it relates solely to agency management and personnel.
List of Subjects in 41 CFR Parts 102-71, 102-72, 102-73, 102-74,
102-75, 102-76, 102-77, 102-78, 102-79, 102-80, 102-81, 102-82, and
102-83
Administrative practice and procedure, Blind, Concessions, Federal
buildings and facilities, Fire prevention, Government property
management, Homeless, Individuals with disabilities, Location of space,
Occupational safety and health, Parking, Real property acquisition,
Security measures, Surplus Government property, Utilities.
Dated: August 24, 2005.
Stephen A. Perry,
Administrator of General Services.
0
For the reasons set forth in the preamble, GSA amends 41 CFR chapter
102 as set forth below:
0
1. Revise part 102-71 to read as follows:
CHAPTER 102--FEDERAL MANAGEMENT REGULATION
SUBCHAPTER C--REAL PROPERTY
PART 102-71--GENERAL
Sec.
102-71.5 What is the scope and philosophy of the General Services
Administration's (GSA) real property policies?
102-71.10 How are these policies organized?
102-71.15 [Reserved]
102-71.20 What definitions apply to GSA's real property policies?
102-71.25 Who must comply with GSA's real property policies?
102-71.30 How must these real property policies be implemented?
102-71.35 Are agencies allowed to deviate from GSA's real property
policies?
Authority: 40 U.S.C. 121(c).
Sec. 102-71.5 What is the scope and philosophy of the General
Services Administration's (GSA) real property policies?
GSA's real property policies contained in this part and parts 102-
72 through 102-82 of this chapter apply to Federal agencies, including
GSA's Public Buildings Service (PBS), operating under, or subject to,
the authorities of the Administrator of General Services. These
policies cover the acquisition, management, utilization, and disposal
of real property by Federal agencies that initiate and have decision-
making authority over actions for real property services. The detailed
guidance implementing these policies is contained in separate customer
service guides.
Sec. 102-71.10 How are these policies organized?
GSA has divided its real property policies into the following
functional areas:
(a) Delegation of authority.
(b) Real estate acquisition.
(c) Facility management.
(d) Real property disposal.
(e) Design and construction.
(f) Art-in-architecture.
(g) Historic preservation.
(h) Assignment and utilization of space.
(i) Safety and environmental management.
(j) Security.
[[Page 67787]]
(k) Utility services.
(l) Location of space.
Sec. 102-71.15 [Reserved]
Sec. 102-71.20 What definitions apply to GSA's real property
policies?
The following definitions apply to GSA's real property policies:
Airport means any area of land or water that is used, or intended
for use, for the landing and takeoff of aircraft, and any appurtenant
areas that are used, or intended for use, for airport buildings or
other airport facilities or rights-of-way, together with all airport
buildings and facilities located thereon.
Alteration means remodeling, improving, extending, or making other
changes to a facility, exclusive of maintenance repairs that are
preventive in nature. The term includes planning, engineering,
architectural work, and other similar actions.
Carpool means a group of two or more people regularly using a motor
vehicle for transportation to and from work on a continuing basis.
Commercial activities, within the meaning of subpart D, part 102-74
of this chapter, are activities undertaken for the primary purpose of
producing a profit for the benefit of an individual or organization
organized for profit. (Activities where commercial aspects are
incidental to the primary purpose of expression of ideas or advocacy of
causes are not commercial activities for purposes of this part.)
Cultural activities include, but are not limited to, films,
dramatics, dances, musical presentations, and fine art exhibits,
whether or not these activities are intended to make a profit.
Decontamination means the complete removal or destruction by
flashing of explosive powders; the neutralizing and cleaning-out of
acid and corrosive materials; the removal, destruction, or neutralizing
of toxic, hazardous or infectious substances; and the complete removal
and destruction by burning or detonation of live ammunition from
contaminated areas and buildings.
Designated Official is the highest ranking official of the primary
occupant agency of a Federal facility, or, alternatively, a designee
selected by mutual agreement of occupant agency officials.
Disabled employee means an employee who has a severe, permanent
impairment that for all practical purposes precludes the use of public
transportation, or an employee who is unable to operate a car as a
result of permanent impairment who is driven to work by another.
Priority may require certification by an agency medical unit, including
the Department of Veterans Affairs or the Public Health Service.
Disposal agency means the Executive agency designated by the
Administrator of General Services to dispose of surplus real or
personal property.
Educational activities mean activities such as (but not limited to)
the operation of schools, libraries, day care centers, laboratories,
and lecture or demonstration facilities.
Emergency includes bombings and bomb threats, civil disturbances,
fires, explosions, electrical failures, loss of water pressure,
chemical and gas leaks, medical emergencies, hurricanes, tornadoes,
floods, and earthquakes. The term does not apply to civil defense
matters such as potential or actual enemy attacks that are addressed by
the U.S. Department of Homeland Security.
Executive means a Government employee with management
responsibilities who, in the judgment of the employing agency head or
his/her designee, requires preferential assignment of parking
privileges.
Executive agency means an Executive department specified in section
101 of title 5; a military department specified in section 102 of such
title; an independent establishment as defined in section 104(1) of
such title; and a wholly owned Government corporation fully subject to
the provisions of chapter 91 of title 31.
Federal agency means any Executive agency or any establishment in
the legislative or judicial branch of the Government (except the
Senate, the House of Representatives, and the Architect of the Capitol
and any activities under his or her direction).
Federal agency buildings manager means the buildings manager
employed by GSA or a Federal agency that has been delegated real
property management and operation authority from GSA.
Federal Government real property services provider means any
Federal Government entity operating under, or subject to, the
authorities of the Administrator of General Services that provides real
property services to Federal agencies. This definition also includes
private sector firms under contract with Federal agencies that deliver
real property services to Federal agencies. This definition excludes
any entity operating under, or subject to, authorities other than those
of the Administrator of General Services.
Flame-resistant means meeting performance standards as described by
the National Fire Protection Association (NFPA Standard No. 701).
Fabrics labeled with the Underwriters Laboratories Inc., classification
marking for flammability are deemed to be flame resistant for purposes
of this part.
Foot-candle is the illumination on a surface one square foot in
area on which there is a uniformly distributed flux of one lumen, or
the illuminance produced on a surface all points of which are at a
distance of one foot from a directionally uniform point source of one
candela.
GSA means the U.S. General Services Administration, acting by or
through the Administrator of General Services, or a designated official
to whom functions under this part have been delegated by the
Administrator of General Services.
Highest and best use means the most likely use to which a property
can be put, which will produce the highest monetary return from the
property, promote its maximum value, or serve a public or institutional
purpose. The highest and best use determination must be based on the
property's economic potential, qualitative values (social and
environmental) inherent in the property itself, and other utilization
factors controlling or directly affecting land use (e.g., zoning,
physical characteristics, private and public uses in the vicinity,
neighboring improvements, utility services, access, roads, location,
and environmental and historical considerations). Projected highest and
best use should not be remote, speculative, or conjectural.
Indefinite quantity contract (commonly referred to as term
contract) provides for the furnishing of an indefinite quantity, within
stated limits, of specific property or services during a specified
contract period, with deliveries to be scheduled by the timely
placement of orders with the contractor by activities designated either
specifically or by class.
Industrial property means any real property and related personal
property that has been used or that is suitable to be used for
manufacturing, fabricating, or processing of products; mining
operations; construction or repair of ships and other waterborne
carriers; power transmission facilities; railroad facilities; and
pipeline facilities for transporting petroleum or gas.
Landholding agency means the Federal agency that has accountability
for the property involved. For the purposes of this definition,
accountability means that the Federal agency reports the real property
on its financial statements and inventory records.
Landing area means any land or combination of water and land,
together with improvements thereon and necessary operational equipment
used in connection therewith, which is used
[[Page 67788]]
for landing, takeoff, and parking of aircraft. The term includes, but
is not limited to, runways, strips, taxiways, and parking aprons.
Life cycle cost is the total cost of owning, operating, and
maintaining a building over its useful life, including its fuel and
energy costs, determined on the basis of a systematic evaluation and
comparison of alternative building systems; except that in the case of
leased buildings, the life cycle cost shall be calculated over the
effective remaining term of the lease.
Limited combustible means rigid materials or assemblies that have
fire hazard ratings not exceeding 25 for flame spread and 150 for smoke
development when tested in accordance with the American Society for
Testing and Materials, Test E 84, Surface Burning Characteristics of
Building Materials.
Maintenance, for the purposes of part 102-75, entitled ``Real
Property Disposal,'' of this chapter, means the upkeep of property only
to the extent necessary to offset serious deterioration; also such
operation of utilities, including water supply and sewerage systems,
heating, plumbing, and air-conditioning equipment, as may be necessary
for fire protection, the needs of interim tenants, and personnel
employed at the site, and the requirements for preserving certain types
of equipment. For the purposes of part 102-74, entitled ``Facility
Management,'' of this chapter, maintenance means preservation by
inspection, adjustment, lubrication, cleaning, and the making of minor
repairs. Ordinary maintenance means routine recurring work that is
incidental to everyday operations; preventive maintenance means work
programmed at scheduled intervals.
Management means the safeguarding of the Government's interest in
property, in an efficient and economical manner consistent with the
best business practices.
Nationally recognized standards encompasses any standard or
modification thereof that--
(1) Has been adopted and promulgated by a nationally recognized
standards-producing organization under procedures whereby those
interested and affected by it have reached substantial agreement on its
adoption; or
(2) Was formulated through consultation by appropriate Federal
agencies in a manner that afforded an opportunity for diverse views to
be considered.
No commercial value means real property, including related personal
property, which has no reasonable prospect of producing any disposal
revenues.
Nonprofit organization means an organization identified in 26
U.S.C. 501(c).
Normally furnished commercially means consistent with the level of
services provided by a commercial building operator for space of
comparable quality and housing tenants with comparable requirements.
Service levels are based on the effort required to service space for a
five-day week, one eight-hour shift schedule.
Occupancy Emergency Organization means the emergency response
organization comprised of employees of Federal agencies designated to
perform the requirements established by the Occupant Emergency Plan.
Occupant agency means an organization that is assigned space in a
facility under GSA's custody and control.
Occupant Emergency Plan means procedures developed to protect life
and property in a specific federally occupied space under stipulated
emergency conditions.
Occupant Emergency Program means a short-term emergency response
program. It establishes procedures for safeguarding lives and property
during emergencies in particular facilities.
Postal vehicle means a Government-owned vehicle used for the
transportation of mail, or a privately owned vehicle used under
contract with the U.S. Postal Service for the transportation of mail.
Protection means the provisions of adequate measures for prevention
and extinguishment of fires, special inspections to determine and
eliminate fire and other hazards, and necessary guards to protect
property against thievery, vandalism, and unauthorized entry.
Public area means any area of a building under the control and
custody of GSA that is ordinarily open to members of the public,
including lobbies, courtyards, auditoriums, meeting rooms, and other
such areas not assigned to a lessee or occupant agency.
Public body means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any
political subdivision, agency, or instrumentality of the foregoing.
Public building means:
(1) Any building that is suitable for office and/or storage space
for the use of one or more Federal agencies or mixed-ownership
corporations, such as Federal office buildings, post offices,
customhouses, courthouses, border inspection facilities, warehouses,
and any such building designated by the President. It also includes
buildings of this sort that are acquired by the Federal Government
under the Administrator's installment-purchase, lease-purchase, and
purchase-contract authorities.
(2) Public building does not include buildings:
(i) On the public domain.
(ii) In foreign countries.
(iii) On Indian and native Eskimo properties held in trust by the
United States.
(iv) On lands used in connection with Federal programs for
agricultural, recreational, and conservation purposes.
(v) On or used in connection with river, harbor, flood control,
reclamation or power projects, or for chemical manufacturing or
development projects, or for nuclear production, research, or
development projects.
(vi) On or used in connection with housing and residential
projects.
(vii) On military installations.
(viii) On Department of Veterans Affairs installations used for
hospital or domiciliary purposes.
(ix) Excluded by the President.
Real property means:
(1) Any interest in land, together with the improvements,
structures, and fixtures located thereon (including prefabricated
movable structures, such as Butler-type storage warehouses and Quonset
huts, and house trailers with or without undercarriages), and
appurtenances thereto, under the control of any Federal agency,
except--
(i) The public domain;
(ii) Lands reserved or dedicated for national forest or national
park purposes;
(iii) Minerals in lands or portions of lands withdrawn or reserved
from the public domain that the Secretary of the Interior determines
are suitable for disposition under the public land mining and mineral
leasing laws;
(iv) Lands withdrawn or reserved from the public domain but not
including lands or portions of lands so withdrawn or reserved that the
Secretary of the Interior, with the concurrence of the Administrator of
General Services, determines are not suitable for return to the public
domain for disposition under the general public land laws because such
lands are substantially changed in character by improvements or
otherwise; and
(v) Crops when designated by such agency for disposition by
severance and removal from the land.
(2) Improvements of any kind, structures, and fixtures under the
control of any Federal agency when designated by such agency for
[[Page 67789]]
disposition without the underlying land (including such as may be
located on the public domain, on lands withdrawn or reserved from the
public domain, on lands reserved or dedicated for national forest or
national park purposes, or on lands that are not owned by the United
States) excluding, however, prefabricated movable structures, such as
Butler-type storage warehouses and Quonset huts, and house trailers
(with or without undercarriages).
(3) Standing timber and embedded gravel, sand, or stone under the
control of any Federal agency, whether designated by such agency for
disposition with the land or by severance and removal from the land,
excluding timber felled, and gravel, sand, or stone excavated by or for
the Government prior to disposition.
Recognized labor organization means a labor organization recognized
under title VII of the Civil Service Reform Act of 1978 (Pub. L. 95-
454), as amended, governing labor-management relations.
Recreational activities include, but are not limited to, the
operations of gymnasiums and related facilities.
Regional Officer, within the meaning of part 102-74, subpart D of
this chapter, means the Federal official designated to supervise the
implementation of the occasional use provisions of 40 U.S.C. 581(h)(2).
The Federal official may be an employee of GSA or a Federal agency that
has delegated authority from GSA to supervise the implementation of the
occasional use provisions of 40 U.S.C. 581(h)(2).
Related personal property means any personal property--
(1) That is an integral part of real property or is related to,
designed for, or specially adapted to the functional or productive
capacity of the real property and the removal of which would
significantly diminish the economic value of the real property
(normally common use items, including but not limited to general-
purpose furniture, utensils, office machines, office supplies, or
general-purpose vehicles, are not considered to be related personal
property); or
(2) That is determined by the Administrator of General Services to
be related to the real property.
Repairs means those additions or changes that are necessary for the
protection and maintenance of property to deter or prevent excessive or
rapid deterioration or obsolescence, and to restore property damaged by
storm, flood, fire, accident, or earthquake.
Ridesharing means the sharing of the commute to and from work by
two or more people, on a continuing basis, regardless of their
relationship to each other, in any mode of transportation, including,
but not limited to, carpools, vanpools, buspools, and mass transit.
State means the fifty States, political subdivisions thereof, the
District of Columbia, the Commonwealths of Puerto Rico and Guam, and
the territories and possessions of the United States.
Unit price agreement provides for the furnishing of an indefinite
quantity, within stated limits, of specific property or services at a
specified price, during a specified contract period, with deliveries to
be scheduled by the timely placement of orders upon the lessor by
activities designated either specifically or by class.
Unusual hours means work hours that are frequently required to be
varied and do not coincide with any regular work schedule. This
category includes time worked by individuals who regularly or
frequently work significantly more than 8 hours per day. Unusual hours
does not include time worked by shift workers, by those on alternate
work schedules, and by those granted exceptions to the normal work
schedule (e.g., flex-time).
Upon approval from GSA means when an agency either has a delegation
of authority document from the Administrator of General Services or
written approval from the Administrator or his/her designee before
proceeding with a specified action.
Vanpool means a group of at least 8 persons using a passenger van
or a commuter bus designed to carry 10 or more passengers. Such a
vehicle must be used for transportation to and from work in a single
daily round trip.
Zonal allocations means the allocation of parking spaces on the
basis of zones established by GSA in conjunction with occupant
agencies. In metropolitan areas where this method is used, all agencies
located in a designated zone will compete for available parking in
accordance with instructions issued by GSA. In establishing this
procedure, GSA will consult with all affected agencies.
Sec. 102-71.25 Who must comply with GSA's real property policies?
Federal agencies operating under, or subject to, the authorities of
the Administrator of General Services must comply with these policies.
Sec. 102-71.30 How must these real property policies be implemented?
Each Federal Government real property services provider must
provide services that are in accord with the policies presented in
parts 102-71 through 102-82 of this chapter. Also, Federal agencies
must make the provisions of any contract with private sector real
property services providers conform to the policies in parts 102-71
through 102-82 of this chapter.
Sec. 102-71.35 Are agencies allowed to deviate from GSA's real
property policies?
Yes, see Sec. Sec. 102-2.60 through 102-2.110 of this chapter to
request a deviation from the requirements of these real property
policies.
0
2. Revise part 102-72 to read as follows:
PART 102-72--DELEGATION OF AUTHORITY
Subpart A--General Provisions
Sec.
102-72.5 What is the scope of this part?
102-72.10 What basic policy governs delegation of authority to
Federal agencies?
Subpart B--Delegation of Authority
102-72.15 What criteria must a delegation meet?
102-72.20 Are there limitations on this delegation of authority?
102-72.25 What are the different types of delegations of authority?
102-72.30 What are the different types of delegations related to
real estate leasing?
102-72.35 What are the requirements for obtaining an Administrative
Contracting Officer (ACO) delegation from GSA?
102-72.40 What are facility management delegations?
102-72.45 What are the different types of delegations related to
facility management?
102-72.50 What are Executive agencies' responsibilities under a
delegation of real property management and operation authority from
GSA?
102-72.55 What are the requirements for obtaining a delegation of
real property management and operation authority from GSA?
102-72.60 What are Executive agencies' responsibilities under a
delegation of individual repair and alteration project authority
from GSA?
102-72.65 What are the requirements for obtaining a delegation of
individual repair and alteration project authority from GSA?
102-72.70 What are Executive agencies' responsibilities under a
delegation of lease management authority (contracting officer
representative authority) from GSA?
102-72.75 What are the requirements for obtaining a delegation of
lease management authority (contracting officer representative
authority) from GSA?
102-72.80 What are Executive agencies' responsibilities under a
disposal of real property delegation of authority from GSA?
102-72.85 What are the requirements for obtaining a disposal of real
property delegation of authority from GSA?
[[Page 67790]]
102-72.90 What are Executive agencies' responsibilities under a
security delegation of authority from GSA?
102-72.95 What are the requirements for obtaining a security
delegation of authority from GSA?
102-72.100 What are Executive agencies' responsibilities under a
utility service delegation of authority from GSA?
102-72.105 What are the requirements for obtaining a utility
services delegation of authority from GSA?
Authority: 40 U.S.C. 121(c), (d) and (e).
Subpart A--General Provisions
Sec. 102-72.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including GSA's Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services.
Sec. 102-72.10 What basic policy governs delegation of authority to
Federal agencies?
The Administrator of General Services may delegate and may
authorize successive redelegations of the real property authority
vested in the Administrator to any Federal agency.
Subpart B--Delegation of Authority
Sec. 102-72.15 What criteria must a delegation meet?
Delegations must be in the Government's best interest, which means
that GSA must evaluate such factors as whether a delegation would be
cost effective for the Government in the delivery of space.
Sec. 102-72.20 Are there limitations on this delegation of authority?
Federal agencies must exercise delegated real property authority
and functions according to the parameters described in each delegation
of authority document, and Federal agencies may only exercise the
authority of the Administrator that is specifically provided within the
delegation of authority document.
Sec. 102-72.25 What are the different types of delegations of
authority?
The basic types of GSA Delegations of Authority are--
(a) Delegation of Leasing Authority;
(b) Delegation of Real Property Management and Operation Authority;
(c) Delegation of Individual Repair and Alteration Project
Authority;
(d) Delegation of Lease Management Authority (Contracting Office
Representative Authority);
(e) Delegation of Administrative Contracting Officer (ACO)
Authority;
(f) Delegation of Real Property Disposal Authority;
(g) Security Delegation of Authority; and
(h) Utility Services Delegation of Authority.
Sec. 102-72.30 What are the different types of delegations related to
real estate leasing?
Delegations related to real estate leasing include the following:
(a) Categorical space delegations and agency special purpose space
delegations (see Sec. 102-73.140 of this title).
(b) The Administrator of General Services has issued a standing
delegation of authority (under a program known as ``Can't Beat GSA
Leasing'') to the heads of all Federal agencies to accomplish all
functions relating to leasing of general purpose space for terms of up
to 20 years and below prospectus level requirements, regardless of
geographic location. This delegation includes some conditions Federal
agencies must meet when conducting the procurement themselves, such as
training in lease contracting and reporting data to GSA.
(c) An ACO delegation, in addition to lease management authority,
provides Federal agencies with limited contracting officer authority to
perform such duties as paying and withholding lessor rent and modifying
lease provisions that do not change the lease term length or the amount
of space under lease.
Sec. 102-72.35 What are the requirements for obtaining an
Administrative Contracting Officer (ACO) delegation from GSA?
When Federal agencies do not exercise the delegation of authority
for general purpose space mentioned in Sec. 102-72.30(b) of this part,
GSA may consider granting an ACO delegation when Federal agencies--
(a) Occupy at least 90 percent of the building's GSA-controlled
space, or Federal agencies have the written concurrence of 100 percent
of rent-paying occupants covered under the lease; and
(b) Have the technical capability to perform the leasing function.
Sec. 102-72.40 What are facility management delegations?
Facility management delegations give Executive agencies authority
to operate and manage buildings day to day, to perform individual
repair and alteration projects, and manage real property leases.
Sec. 102-72.45 What are the different types of delegations related to
facility management?
The principal types of delegations involved in the management of
facilities are--
(a) Real property management and operation authority;
(b) Individual repair and alteration project authority; and
(c) Lease management authority (contracting officer representative
authority).
Sec. 102-72.50 What are Executive agencies' responsibilities under a
delegation of real property management and operation authority from
GSA?
With this delegation, Executive agencies have the authority to
operate and manage buildings day to day. Delegated functions may
include building operations, maintenance, recurring repairs, minor
alterations, historic preservation, concessions, and energy management
of specified buildings subject to the conditions in the delegation
document.
Sec. 102-72.55 What are the requirements for obtaining a delegation
of real property management and operation authority from GSA?
An Executive agency may be delegated real property management and
operation authority when it--
(a) Occupies at least 90 percent of the space in the Government-
controlled facility, or has the concurrence of 100 percent of the rent-
paying occupants to perform these functions; and
(b) Demonstrates that it can perform the delegated real property
management and operation responsibilities.
Sec. 102-72.60 What are Executive agencies' responsibilities under a
delegation of individual repair and alteration project authority from
GSA?
With this delegation of authority, Executive agencies have the
responsibility to perform individual repair and alterations projects.
Executive agencies are delegated repair and alterations authority for
reimbursable space alteration projects up to the simplified acquisition
threshold, as specified in the GSA Customer Guide to Real Property.
Sec. 102-72.65 What are the requirements for obtaining a delegation
of individual repair and alteration project authority from GSA?
Executive agencies may be delegated repair and alterations
authority for other individual alteration projects when they
demonstrate the ability to perform the delegated repair and alterations
responsibilities and when such a delegation promotes efficiency and
economy.
[[Page 67791]]
Sec. 102-72.70 What are Executive agencies' responsibilities under a
delegation of lease management authority (contracting officer
representative authority) from GSA?
When an Executive agency does not exercise the delegation of
authority mentioned in Sec. 102-72.30(b) to lease general purpose
space itself, it may be delegated, upon request, lease management
authority to manage the administration of one or more lease contracts
awarded by GSA.
Sec. 102-72.75 What are the requirements for obtaining a delegation
of lease management authority (contracting officer representative
authority) from GSA?
An Executive agency may be delegated lease management authority
when it--
(a) Occupies at least 90 percent of the building's GSA-controlled
space or has the written concurrence of 100 percent of rent-paying
occupants covered under the lease to perform this function; and
(b) Demonstrates the ability to perform the delegated lease
management responsibilities.
Sec. 102-72.80 What are Executive agencies' responsibilities under a
disposal of real property delegation of authority from GSA?
With this delegation, Executive agencies have the authority to
utilize and dispose of excess or surplus real and related personal
property and to grant approvals and make determinations, subject to the
conditions in the delegation document.
Sec. 102-72.85 What are the requirements for obtaining a disposal of
real property delegation of authority from GSA?
While disposal delegations to Executive agencies are infrequent,
GSA may delegate authority to them based on situations involving
certain low-value properties and when they can demonstrate that they
have the technical expertise to perform the disposition functions. GSA
may grant special delegations of authority to Executive agencies for
the utilization and disposal of certain real property through the
procedures set forth in part 102-75, subpart F of this chapter.
Sec. 102-72.90 What are Executive agencies' responsibilities under a
security delegation of authority from GSA?
Law enforcement and related security functions were transferred to
the Department of Homeland Security upon its establishment in 2002. The
Homeland Security Act authorizes the Secretary of Homeland Security, in
consultation with the Administrator of General Services, to issue
regulations necessary for the protection and administration of property
owned or occupied by the Federal Government and persons on the
property. Notwithstanding the foregoing, GSA retained all powers,
functions and authorities necessary for the operation, maintenance, and
protection of buildings and grounds owned and occupied by the Federal
Government and under the jurisdiction, custody, or control of GSA.
Sec. 102-72.95 What are the requirements for obtaining a security
delegation of authority from GSA?
An Executive agency may request a security delegation from GSA by
submitting a written request with the detailed basis for the requested
delegation to the Assistant Regional Administrator, PBS, in the region
where the building is located. A request for multiple buildings in
multiple regions should be directed to the Commissioner of PBS. The
delegation may be granted where the requesting agency demonstrates a
compelling need for the delegated authority and the delegation is not
inconsistent with the authorities of any other law enforcement agency.
Sec. 102-72.100 What are Executive agencies' responsibilities under a
utility service delegation of authority from GSA?
With this delegation, Executive agencies have the authority to
negotiate and execute utility services contracts for periods over one
year but not exceeding ten years for their use and benefit. Agencies
also have the authority to intervene in utility rate proceedings to
represent the consumer interests of the Federal Government, if so
provided in the delegation of authority.
Sec. 102-72.105 What are the requirements for obtaining a utility
services delegation of authority from GSA?
Executive agencies may be delegated utility services authority when
they have the technical expertise and adequate staffing.
0
3. Revise part 102-73 to read as follows:
PART 102-73--REAL ESTATE ACQUISITION
Subpart A--General Provisions
Sec.
102-73.5 What is the scope of this part?
102-73.10 What is the basic real estate acquisition policy?
102-73.15 What real estate acquisition and related services may
Federal agencies provide?
United States Postal Service-Controlled Space
102-73.20 Are Federal agencies required to give priority
consideration to space in buildings under the custody and control of
the United States Postal Service in fulfilling Federal agency space
needs?
Locating Federal Facilities
102-73.25 What policies must Executive agencies comply with in
locating Federal facilities?
Historic Preservation
102-73.30 What historic preservation provisions must Federal
agencies comply with prior to acquiring, constructing, or leasing
space?
Prospectus Requirements
102-73.35 Is a prospectus required for all acquisition,
construction, or alteration projects?
102-73.40 What happens if the dollar value of the project exceeds
the prospectus threshold?
Subpart B--Acquisition by Lease
102-73.45 When may Federal agencies consider leases of privately
owned land and buildings to satisfy their space needs?
102-73.50 Are Federal agencies that possess independent statutory
authority to acquire leased space subject to requirements of this
part?
102-73.55 On what basis must Federal agencies acquire leases?
102-73.60 With whom may Federal agencies enter into lease
agreements?
102-73.65 Are there any limitations on leasing certain types of
space?
102-73.70 Are Executive agencies required to acquire leased space by
negotiation?
102-73.75 What functions must Federal agencies perform with regard
to leasing building space?
102-73.80 Who is authorized to contact lessors, offerors, or
potential offerors concerning space leased or to be leased?
102-73.85 Can agencies with independent statutory authority to lease
space have GSA perform the leasing functions?
102-73.90 What contingent fee policy must Federal agencies apply to
the acquisition of real property by lease?
102-73.95 How are Federal agencies required to assist GSA?
Competition in Contracting Act of 1984
102-73.100 Is the Competition in Contracting Act of 1984, as amended
(CICA), applicable to lease acquisition?
National Environmental Policy Act of 1969 (NEPA)
102-73.105 What policies must Federal agencies follow to implement
the requirements of NEPA when acquiring real property by lease?
Lease Construction
102-73.110 What rules must Executive agencies follow when acquiring
leasehold interests in buildings constructed for Federal Government
use?
Price Preference for Historic Properties
102-73.115 Must Federal agencies offer a price preference to space
in historic properties when acquiring leased space?
102-73.120 How much of a price preference must Federal agencies give
when acquiring leased space using the lowest
[[Page 67792]]
price technically acceptable source selection process?
102-73.125 How much of a price preference must Federal agencies give
when acquiring leased space using the best value tradeoff source
selection process?
Leases With Purchase Options
102-73.130 When may Federal agencies consider acquiring leases with
purchase options?
Scoring Rules
102-73.135 What scoring rules must Federal agencies follow when
considering leases and leases with purchase options?
Delegations of Leasing Authority
102-73.140 When may agencies that do not possess independent leasing
authority lease space?
Categorical Space Delegations
102-73.145 What is a categorical space delegation?
102-73.150 What is the policy for categorical space delegations?
102-73.155 What types of space can Federal agencies acquire with a
categorical space delegation?
Special Purpose Space Delegations
102-73.160 What is an agency special purpose space delegation?
102-73.165 What is the policy for agency special purpose space
delegations?
102-73.170 What types of special purpose space may the Department of
Agriculture lease?
102-73.175 What types of special purpose space may the Department of
Commerce lease?
102-73.180 What types of special purpose space may the Department of
Defense lease?
102-73.185 What types of special purpose space may the Department of
Energy lease?
102-73.190 What types of special purpose space may the Federal
Communications Commission lease?
102-73.195 What types of special purpose space may the Department of
Health and Human Services lease?
102-73.196 What types of special purpose space may the Department of
Homeland Security lease?
102-73.200 What types of special purpose space may the Department of
the Interior lease?
102-73.205 What types of special purpose space may the Department of
Justice lease?
102-73.210 What types of special purpose space may the Office of
Thrift Supervision lease?
102-73.215 What types of special purpose space may the Department of
Transportation lease?
102-73.220 What types of special purpose space may the Department of
the Treasury lease?
102-73.225 What types of special purpose space may the Department of
Veterans Affairs lease?
Limitations on the Use of Delegated Authority
102-73.230 When must Federal agencies submit a prospectus to lease
real property?
102-73.235 What is the maximum lease term that a Federal agency may
agree to when it has been delegated lease acquisition authority from
GSA?
102-73.240 What policy must Federal agencies follow to acquire
official parking spaces?
Subpart C--Acquisition by Purchase or Condemnation
Buildings
102-73.245 When may Federal agencies consider purchase of buildings?
102-73.250 Are agencies required to adhere to the policies for
locating Federal facilities when purchasing buildings?
102-73.255 What factors must Executive agencies consider when
purchasing sites?
Land
102-73.260 What land acquisition policy must Federal agencies
follow?
102-73.265 What actions must Federal agencies take to facilitate
land acquisition?
Just Compensation
102-73.270 Are Federal agencies required to provide the owner with a
written statement of the amount established as just compensation?
102-73.275 What specific information must be included in the summary
statement for the owner that explains the basis for just
compensation?
102-73.280 Where can Federal agencies find guidance on how to
appraise the value of properties being acquired by the Federal
Government?
102-73.285 [Reserved]
102-73.290 Are there any prohibitions when a Federal agency pays
``just compensation'' to a tenant?
Expenses Incidental to Property Transfer
102-73.295 What property transfer expenses must Federal agencies
cover when acquiring real property?
Litigation Expenses
102-73.300 Are Federal agencies required to pay for litigation
expenses incurred by a property owner because of a condemnation
proceeding?
Relocation Assistance Policy
102-73.305 What relocation assistance policy must Federal agencies
follow?
Authority: 40 U.S.C. 121(c); Sec. 3(c), Reorganization Plan No.
18 of 1950 (40 U.S.C. 301 note); Sec. 1-201(b), E.O. 12072, 43 FR
36869, 3 CFR, 1978 Comp., p. 213.
Subpart A--General Provisions
Sec. 102-73.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including GSA's Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services.
Sec. 102-73.10 What is the basic real estate acquisition policy?
When seeking to acquire space, Federal agencies should first seek
space in Government-owned and Government-leased buildings. If suitable
Government-controlled space is unavailable, Federal agencies must
acquire real estate and related services in an efficient and cost
effective manner.
Sec. 102-73.15 What real estate acquisition and related services may
Federal agencies provide?
Federal agencies, upon approval from GSA, may provide real estate
acquisition and related services, including leasing (with or without
purchase options), building and/or site purchase, condemnation, and
relocation assistance. For information on the design and construction
of Federal facilities, see part 102-76 of this chapter.
United States Postal Service-Controlled Space
Sec. 102-73.20 Are Federal agencies required to give priority
consideration to space in buildings under the custody and control of
the United States Postal Service in fulfilling Federal agency space
needs?
Yes, after considering the availability of GSA-controlled space and
determining that no such space is available to meet its needs, Federal
agencies must extend priority consideration to available space in
buildings under the custody and control of the United States Postal
Service (USPS) in fulfilling Federal agency space needs, as specified
in the ``Agreement Between General Services Administration and the
United States Postal Service Covering Real and Personal Property
Relationships and Associated Services,'' dated July 1985.
Locating Federal Facilities
Sec. 102-73.25 What policies must Executive agencies comply with in
locating Federal facilities?
Executive agencies must comply with the location policies in this
part and part 102-83 of this chapter.
Historic Preservation
Sec. 102-73.30 What historic preservation provisions must Federal
agencies comply with prior to acquiring, constructing, or leasing
space?
Prior to acquiring, constructing, or leasing space, Federal
agencies must comply with the provisions of section
[[Page 67793]]
110(a) of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. 470h-2(a)), regarding the use of historic properties.
Federal agencies can find guidance on protecting, enhancing, and
preserving historic and cultural property in part 102-78 of this
chapter.
Prospectus Requirements
Sec. 102-73.35 Is a prospectus required for all acquisition,
construction, or alteration projects?
No, a prospectus is not required if the dollar value of a project
does not exceed the prospectus threshold. 40 U.S.C. 3307 establishes a
prospectus threshold, applicable to Federal agencies operating under,
or subject to, the authorities of the Administrator of General
Services, for the construction, alteration, purchase, and acquisition
of any building to be used as a public building, and establishes a
prospectus threshold to lease any space for use for public purposes.
The current prospectus threshold value for each fiscal year can be
accessed by entering GSA's Web site at http://www.gsa.gov and then
inserting ``prospectus thresholds'' in the search mechanism in the
upper right-hand corner of the page.
Sec. 102-73.40 What happens if the dollar value of the project
exceeds the prospectus threshold?
Projects require approval by the Senate and the House of
Representatives if the dollar value of a project exceeds the prospectus
threshold. To obtain this approval, the Administrator of General
Services will transmit the proposed prospectuses to Congress for
consideration by the Senate and the House of Representatives.
Furthermore, as indicated in Sec. 102-72.30(b), the general purpose
lease delegation authority is restricted to below the prospectus
threshold, and therefore, GSA must conduct all lease acquisitions over
the threshold.
Subpart B--Acquisition by Lease
Sec. 102-73.45 When may Federal agencies consider leases of privately
owned land and buildings to satisfy their space needs?
Federal agencies may consider leases of privately owned land and
buildings only when needs cannot be met satisfactorily in Government-
controlled space and one or more of the following conditions exist:
(a) Leasing is more advantageous to the Government than
constructing a new building, or more advantageous than altering an
existing Federal building.
(b) New construction or alteration is unwarranted because demand
for space in the community is insufficient, or is indefinite in scope
or duration.
(c) Federal agencies cannot provide for the completion of a new
building within a reasonable time.
Sec. 102-73.50 Are Federal agencies that possess independent
statutory authority to acquire leased space subject to requirements of
this part?
No, Federal agencies possessing independent statutory authority to
acquire leased space are not subject to GSA authority and, therefore,
may not be subject to the requirements of this part. However, lease
prospectus approval requirements of 40 U.S.C. Section 3307 may still
apply appropriations to lease of space for public purposes under an
agency's independent leasing authority.
Sec. 102-73.55 On what basis must Federal agencies acquire leases?
Federal agencies must acquire leases on the most favorable basis to
the Federal Government, with due consideration to maintenance and
operational efficiency, and at charges consistent with prevailing
market rates for comparable facilities in the community.
Sec. 102-73.60 With whom may Federal agencies enter into lease
agreements?
Federal agencies, upon approval from GSA, may enter into lease
agreements with any person, partnership, corporation, or other public
or private entity, provided that such lease agreements do not bind the
Government for periods in excess of twenty years (40 U.S.C. 585(a)).
Federal agencies may not enter into lease agreements with persons who
are barred from contracting with the Federal Government (e.g., Members
of Congress or debarred or suspended contractors).
Sec. 102-73.65 Are there any limitations on leasing certain types of
space?
Yes, the limitations on leasing certain types of space are as
follows:
(a) In general, Federal agencies may not lease any space to
accommodate computer and telecommunications operations; secure or
sensitive activities related to the national defense or security; or a
permanent courtroom, judicial chamber, or administrative office for any
United States court, if the average annual net rental cost of leasing
such space would exceed the prospectus threshold (40 U.S.C.
3307(f)(1)).
(b) However, Federal agencies may lease such space if the
Administrator of General Services first determines that leasing such
space is necessary to meet requirements that cannot be met in public
buildings, and then submits such determination to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives in
accordance with 40 U.S.C. 3307(f)(2).
Sec. 102-73.70 Are Executive agencies required to acquire leased
space by negotiation?
Yes, Executive agencies must acquire leased space by negotiation,
except where the sealed bid procedure is required by the Competition in
Contracting Act, as amended (CICA) (41 U.S.C. 253(a)).
Sec. 102-73.75 What functions must Federal agencies perform with
regard to leasing building space?
Federal agencies, upon approval from GSA, must perform all
functions of leasing building space, and land incidental thereto, for
their use except as provided in this subpart.
Sec. 102-73.80 Who is authorized to contact lessor, offerors, or
potential offerors concerning space leased or to be leased?
No one, except the Contracting Officer or his or her designee, may
contact lessors, offerors, or potential offerors concerning space
leased or to be leased for the purpose of making oral or written
representation or commitments or agreements with respect to the terms
of occupancy of particular space, tenant improvements, alterations and
repairs, or payment for overtime services.
Sec. 102-73.85 Can agencies with independent statutory authority to
lease space have GSA perform the leasing functions?
Yes, upon request, GSA may perform, on a reimbursable basis, all
functions of leasing building space, and land incidental thereto, for
Federal agencies possessing independent statutory authority to lease
space. However, GSA reserves the right to accept or reject reimbursable
leasing service requests on a case-by-case basis.
Sec. 102-73.90 What contingent fee policy must Federal agencies apply
to the acquisition of real property by lease?
Federal agencies must apply the contingent fee policies in 48 CFR
3.4 to all negotiated and sealed bid contracts for the acquisition of
real property by lease. Federal agencies must appropriately adapt the
representations and covenants required by that subpart for use in
leases of real property for Government use.
Sec. 102-73.95 How are Federal agencies required to assist GSA?
The heads of Federal agencies must--
[[Page 67794]]
(a) Cooperate with and assist the Administrator of General Services
in carrying out his responsibilities respecting office buildings and
space;
(b) Take measures to give GSA early notice of new or changing space
requirements;
(c) Seek to economize their requirements for space; and
(d) Continuously review their needs for space in and near the
District of Columbia, taking into account the feasibility of
decentralizing services or activities that can be carried on elsewhere
without excessive costs or significant loss of efficiency.
Competition in Contracting Act of 1984
Sec. 102-73.100 Is the Competition in Contracting Act of 1984, as
amended (CICA), applicable to lease acquisition?
Yes, Executive agencies must obtain full and open competition among
suitable locations meeting minimum Government requirements, except as
otherwise provided by CICA, 41 U.S.C. 253.
National Environmental Policy Act of 1969 (NEPA)
Sec. 102-73.105 What policies must Federal agencies follow to
implement the requirements of NEPA when acquiring real property by
lease?
Federal agencies must follow the NEPA policies identified in
Sec. Sec. 102-76.40 and 102-76.45 of this chapter.
Lease Construction
Sec. 102-73.110 What rules must Executive agencies follow when
acquiring leasehold interests in buildings constructed for Federal
Government use?
When acquiring leasehold interests in buildings to be constructed
for Federal Government use, Executive agencies must--
(a) Establish detailed building specifications before agreeing to a
contract that will result in the construction of a building;
(b) Use competitive procedures;
(c) Inspect every building during construction to ensure that the
building complies with the Government's specifications;
(d) Evaluate every building after completion of construction to
determine that the building complies with the Government's
specifications; and
(e) Ensure that any contract that will result in the construction
of a building contains provisions permitting the Government to reduce
the rent during any period when the building does not comply with the
Government's specifications.
Price Preference for Historic Properties
Sec. 102-73.115 Must Federal agencies offer a price preference to
space in historic properties when acquiring leased space?
Yes, Federal agencies must give a price preference to space in
historic properties when acquiring leased space using either the lowest
price technically acceptable or the best value tradeoff source
selection processes.
Sec. 102-73.120 How much of a price preference must Federal agencies
give when acquiring leased space using the lowest price technically
acceptable source selection process?
Federal agencies must give a price evaluation preference to space
in historic properties as follows:
(a) First to suitable historic properties within historic
districts, a 10 percent price preference.
(b) If no suitable historic property within an historic district is
offered, or the 10 percent preference does not result in such property
being the lowest price technically acceptable offer, the Government
will give a 2.5 percent price preference to suitable non-historic
developed or undeveloped sites within historic districts.
(c) If no suitable non-historic developed or undeveloped site
within an historic district is offered, or the 2.5 percent preference
does not result in such property being the lowest price technically
acceptable offer, the Government will give a 10 percent price
preference to suitable historic properties outside of historic
districts.
(d) Finally, if no suitable historic property outside of historic
districts is offered, no historic price preference will be given to any
property offered.
Sec. 102-73.125 How much of a price preference must Federal agencies
give when acquiring leased space using the best value tradeoff source
selection process?
When award will be based on the best value tradeoff source
selection process, which permits tradeoffs among price and non-price
factors, the Government will give a price evaluation preference to
historic properties as follows:
(a) First to suitable historic properties within historic
districts, a 10 percent price preference.
(b) If no suitable historic property within an historic district is
offered or remains in the competition, the Government will give a 2.5
percent price preference to suitable non-historic developed or
undeveloped sites within historic districts.
(c) If no suitable non-historic developed or undeveloped site
within an historic district is offered or remains in the competition,
the Government will give a 10 percent price preference to suitable
historic properties outside of historic districts.
(d) Finally, if no suitable historic property outside of historic
districts is offered, no historic price preference will be given to any
property offered.
Leases With Purchase Options
Sec. 102-73.130 When may Federal agencies consider acquiring leases
with purchase options?
Agencies may consider leasing with a purchase option at or below
fair market value, consistent with the lease-purchase scoring rules,
when one or more of the following conditions exist:
(a) The purchase option offers economic and other advantages to the
Government and is consistent with the Government's goals.
(b) The Government is the sole or major tenant of the building, and
has a long-term need for the property.
(c) Leasing with a purchase option is otherwise in the best
interest of the Government.
Scoring Rules
Sec. 102-73.135 What scoring rules must Federal agencies follow when
considering leases and leases with purchase options?
All Federal agencies must follow the budget scorekeeping rules for
leases, capital leases, and lease-purchases identified in appendices A
and B of OMB Circular A-11. (For availability, see 5 CFR 1310.3.)
Delegations of Leasing Authority
Sec. 102-73.140 When may agencies that do not possess independent
leasing authority lease space?
Federal agencies may perform for themselves all functions necessary
to acquire leased space in buildings and land incidental thereto when--
(a) The authority may be delegated (see Sec. 102-72.30) on the
different types of delegations related to real estate leasing);
(b) The space may be leased for no rental, or for a nominal
consideration of $1 per annum, and is limited to terms not to exceed 1
year;
(c) Authority has been requested by an Executive agency and a
specific delegation has been granted by the Administrator of General
Services;
(d) A categorical delegation has been granted by the Administrator
of General Services for space to accommodate particular types of agency
activities, such as military recruiting offices or space for certain
county level agricultural activities (see Sec. 102-73.155 for a
listing of categorical delegations); or
[[Page 67795]]
(e) The required space is found by the Administrator of General
Services to be wholly or predominantly utilized for the special
purposes of the agency to occupy such space and is not generally
suitable for use by other agencies. Federal agencies must obtain prior
approval from the GSA regional office having jurisdiction for the
proposed leasing action, before initiating a leasing action involving
2,500 or more square feet of such special purpose space. GSA's approval
must be based upon a finding that there is no vacant Government-owned
or leased space available that will meet the agency's requirements.
Agency special purpose space delegations can be found in Sec. Sec.
102-73.170 through 102-73.225.
Categorical Space Delegations
Sec. 102-73.145 What is a categorical space delegation?
A categorical space delegation is a standing delegation of
authority from the Administrator of General Services to a Federal
agency to acquire a type of space identified in Sec. 102-73.155,
subject to limitations in this part.
Sec. 102-73.150 What is the policy for categorical space delegations?
Subject to the limitations cited in Sec. Sec. 102-73.230 through
102-73.240, all Federal agencies are authorized to acquire the types of
space listed in Sec. 102-73.155 and, except where otherwise noted, may
lease space for terms, including all options, of up to 20 years.
Sec. 102-73.155 What types of space can Federal agencies acquire with
a categorical space delegation?
Federal agencies can use categorical space delegations to acquire--
(a) Space to house antennas, repeaters, or transmission equipment;
(b) Depots, including, but not limited to, stockpiling depots and
torpedo net depots;
(c) Docks, piers, and mooring facilities (including closed storage
space required in combination with such facilities);
(d) Fumigation areas;
(e) Garage space (may be leased only on a fiscal year basis);
(f) Greenhouses;
(g) Hangars and other airport operating facilities including, but
not limited to, flight preparation space, aircraft storage areas, and
repair shops;
(h) Hospitals, including medical clinics;
(i) Housing (temporary), including hotels (does not include
quarters obtained pursuant to temporary duty travel or employee
relocation);
(j) Laundries;
(k) Quarantine facilities for plants, birds, and other animals;
(l) Ranger stations, i.e., facilities that typically include small
offices staffed by one or more uniformed employees, and may include
sleeping/family quarters, parking areas, garages, and storage space.
Office space within ranger stations is minimal and does not comprise a
majority of the space. (May also be referred to as guard stations,
information centers, or kiosks);
(m) Recruiting space for the armed forces (lease terms, including
all options, limited to 5 years);
(n) Schools directly related to the special purpose function(s) of
an agency;
(o) Specialized storage/depot facilities, such as cold storage;
self-storage units; and lumber, oil, gasoline, shipbuilding materials,
and pesticide materials/equipment storage (general purpose warehouse
type storage facilities not included); and
(p) Space for short-term use (such as conferences and meetings,
judicial proceedings, and emergency situations).
Special Purpose Space Delegations
Sec. 102-73.160 What is an agency special purpose space delegation?
An agency special purpose space delegation is a standing delegation
of authority from the Administrator of General Services to specific
Federal agencies to lease their own special purpose space (identified
in Sec. Sec. 102-73.170 through 102-73.225), subject to limitations in
this part.
Sec. 102-73.165 What is the policy for agency special purpose space
delegations?
Subject to the limitations on annual rental amounts, lease terms,
and leases on parking spaces cited in Sec. Sec. 102-73.230 through
102-73.240, the agencies listed below are authorized to acquire special
purpose space associated with that agency and, except where otherwise
noted, may lease such space for terms, including all options, of up to
20 years. The agencies and types of space subject to special purpose
space delegations are specified in Sec. Sec. 102-73.170 through 102-
73.225.
Sec. 102-73.170 What types of special purpose space may the
Department of Agriculture lease?
The Department of Agriculture is delegated the authority to lease
the following types of special purpose space:
(a) Cotton classing laboratories (lease terms, including all
options, limited to 5 years).
(b) Land (if unimproved, may be leased only on a fiscal year
basis).
(c) Miscellaneous storage by cubic foot or weight basis.
(d) Office space when required to be located in or adjacent to
stockyards, produce markets, produce terminals, airports, and other
ports (lease terms, including all options, limited to 5 years).
(e) Space for agricultural commodities stored in licensed
warehouses and utilized under warehouse contracts.
(f) Space utilized in cooperation with State and local governments
or their instrumentalities (extension services) where the cooperating
State or local government occupies a portion of the space and pays a
portion of the rent.
Sec. 102-73.175 What types of special purpose space may the
Department of Commerce lease?
The Department of Commerce is delegated authority to lease the
following types of special purpose space:
(a) Space required by the Census Bureau in connection with
conducting the decennial census (lease terms, including all options,
limited to 5 years).
(b) Laboratories for testing materials, classified or ordnance
devices, calibration of instruments, and atmospheric and oceanic
research (lease terms, including all options, limited to 5 years).
(c) Maritime training stations.
(d) Radio stations.
(e) Land (if unimproved, may be leased only on a fiscal year
basis).
(f) National Weather Service meteorological facilities.
Sec. 102-73.180 What types of special purpose space may the
Department of Defense lease?
The Department of Defense is delegated authority to lease the
following types of special purpose space:
(a) Air Force--Civil Air Patrol Liaison Offices and land incidental
thereto when required for use incidental to, in conjunction with, and
in close proximity to airports, including aircraft and warning stations
(if unimproved, land may be leased only on a fiscal year basis; for
space, lease terms, including all options, limited to 5 years).
(b) Armories.
(c) Film library in the vicinity of Washington, DC.
(d) Mess halls.
(e) Ports of embarkation and debarkation.
(f) Post exchanges.
(g) Postal Concentration Center, Long Island City, NY.
(h) Recreation centers.
[[Page 67796]]
(i) Reserve training space.
(j) Service clubs.
(k) Testing laboratories (lease terms, including all options,
limited to 5 years).
Sec. 102-73.185 What types of special purpose space may the
Department of Energy lease?
The Department of Energy, as the successor to the Atomic Energy
Commission, is delegated authority to lease facilities housing the
special purpose or special location activities of the old Atomic Energy
Commission.
Sec. 102-73.190 What types of special purpose space may the Federal
Communications Commission lease?
The Federal Communications Commission is delegated authority to
lease monitoring station sites.
Sec. 102-73.195 What types of special purpose space may the
Department of Health and Human Services lease?
The Department of Health and Human Services is delegated authority
to lease laboratories (lease terms, including all options, limited to 5
years).
Sec. 102-73.196 What types of special purpose space may the
Department of Homeland Security lease?
The Department of Homeland Security is delegated authority to lease
whatever space its organizational units or components had authority to
lease prior to the creation of the Department of Homeland Security,
including--
(a) Border patrol offices similar in character and utilization to
police stations, involving the handling of prisoners, firearms, and
motor vehicles, regardless of location (lease terms, including all
options limited to 5 years);
(b) Space for the U.S. Coast Guard oceanic unit, Woods Hole, MA;
and
(c) Space for the U.S. Coast Guard port security activities.
Sec. 102-73.200 What types of special purpose space may the
Department of the Interior lease?
The Department of the Interior is delegated authority to lease the
following types of special purpose space:
(a) Space in buildings and land incidental thereto used by field
crews of the Bureau of Reclamation, Bureau of Land Management, and the
Geological Survey in areas where no other Government agencies are
quartered (unimproved land may be leased only on a fiscal year basis).
(b) National Parks/Monuments Visitors Centers consisting primarily
of special purpose space (e.g., visitor reception, information, and
rest room facilities) and not general office or administrative space.
Sec. 102-73.205 What types of special purpose space may the
Department of Justice lease?
The Department of the Justice is delegated authority to lease the
following types of special purpose space:
(a) U.S. marshals office in any Alaska location (lease terms,
including all options, limited to 5 years).
(b) Space used for storage and maintenance of surveillance vehicles
and seized property (lease terms, including all options, limited to 5
years).
(c) Space used for review and custody of records and other
evidentiary materials (lease terms, including all options, limited to 5
years).
(d) Space used for trial preparation where space is not available
in Federal buildings, Federal courthouses, USPS facilities, or GSA-
leased buildings (lease terms limited to not more than 1 year).
Sec. 102-73.210 What types of special purpose space may the Office of
Thrift Supervision lease?
The Office of Thrift Supervision is delegated authority to lease
space for field offices of Examining Divisions required to be located
within Office of Thrift Supervision buildings or immediately adjoining
or adjacent to such buildings (lease terms, including all options,
limited to 5 years).
Sec. 102-73.215 What types of special purpose space may the
Department of Transportation lease?
The Department of Transportation is delegated authority to lease
the following types of special purpose space (or real property):
(a) Land for the Federal Aviation Administration (FAA) at airports
(unimproved land may be leased only on a fiscal year basis).
(b) General purpose office space not exceeding 10,000 square feet
for the FAA at airports in buildings under the jurisdiction of public
or private airport authorities (lease terms, including all options,
limited to 5 years).
Sec. 102-73.220 What types of special purpose space may the
Department of the Treasury lease?
The Department of the Treasury is delegated authority to lease the
following types of special purpose space:
(a) Space and land incidental thereto for the use of the
Comptroller of the Currency, as well as the operation, maintenance and
custody thereof (if unimproved, land may be leased only on a fiscal
year basis; lease term for space, including all options, limited to 5
years).
(b) Aerostat radar facilities necessary for U.S. Custom Service
mission activities.
Sec. 102-73.225 What types of special purpose space may the
Department of Veterans Affairs lease?
The Department of Veterans Affairs is delegated authority to lease
the following types of special purpose space:
(a) Guidance and training centers located at schools and colleges.
(b) Space used for veterans hospitals, including outpatient and
medical-related clinics, such as drug, mental health, and alcohol.
Limitations on the Use of Delegated Authority
Sec. 102-73.230 When must Federal agencies submit a prospectus to
lease real property?
In accordance with 40 U.S.C. 3307, Federal agencies must submit a
prospectus to the Administrator of General Services for leases
involving a net annual rental, excluding services and utilities, in
excess of the prospectus threshold provided in 40 U.S.C. 3307. Agencies
must be aware that prospectus thresholds are indexed and change each
year.
Sec. 102-73.235 What is the maximum lease term that a Federal agency
may agree to when it has been delegated lease acquisition authority
from GSA?
Pursuant to GSA's authority to enter into lease agreements
contained in 40 U.S.C. 585(a)(2), agencies delegated the authorities
outlined herein may enter into leases for the term specified in the
delegation. In those cases where agency special purposes space
delegations include the authority to acquire unimproved land, the land
may be leased only on a fiscal year basis.
Sec. 102-73.240 What policy must Federal agencies follow to acquire
official parking spaces?
Federal agencies that need parking must utilize available
Government-owned or leased facilities. Federal agencies must make
inquiries regarding availability of such Government-controlled space to
GSA regional offices and document such inquiries. If no suitable
Government-controlled facilities are available, an agency may use its
own procurement authority to acquire parking by service contract.
[[Page 67797]]
Subpart C--Acquisition by Purchase or Condemnation
Buildings
Sec. 102-73.245 When may Federal agencies consider purchase of
buildings?
A Federal agency may consider purchase of buildings on a case-by-
case basis if it has landholding authority and when one or more of the
following conditions exist:
(a) It is economically more beneficial to own and manage the
property.
(b) There is a long-term need for the property.
(c) The property is an existing building, or a building nearing
completion, that can be purchased and occupied within a reasonable
time.
(d) When otherwise in the best interests of the Government.
Sec. 102-73.250 Are agencies required to adhere to the policies for
locating Federal facilities when purchasing buildings?
Yes, when purchasing buildings, agencies must comply with the
location policies in this part and part 102-83 of this chapter.
Sec. 102-73.255 What factors must Executive agencies consider when
purchasing sites?
Agencies must locate proposed Federal buildings on sites that are
most advantageous to the United States. Executive agencies must
consider factors such as whether the site will contribute to economy
and efficiency in the construction, maintenance, and operation of the
individual building, and how the proposed site relates to the
Government's total space needs in the community. Prior to acquiring,
constructing, or leasing buildings (or sites for such buildings),
Federal agencies must use, to the maximum extent feasible, historic
properties available to the agency. In site selections, Executive
agencies must consider Executive Order 12072 (August 16, 1978, 43 FR
36869) and Executive Order 13006 (40 U.S.C. 3306 note). In addition,
Executive agencies must consider all of the following:
(a) Maximum utilization of Government-owned land (including excess
land) whenever it is adequate, economically adaptable to requirements
and properly located, where such use is consistent with the provisions
of part 102-75, subpart B, of this chapter.
(b) A site adjacent to or in the proximity of an existing Federal
building that is well located and is to be retained for long-term
occupancy.
(c) The environmental condition of proposed sites prior to
purchase. The sites must be free from contamination, unless it is
otherwise determined to be in the best interests of the Government to
purchase a contaminated site (e.g., reuse of a site under an
established ``Brownfields'' program).
(d) Purchase options to secure the future availability of a site.
(e) All applicable location policies in this part and part 102-83
of this chapter.
Land
Sec. 102-73.260 What land acquisition policy must Federal agencies
follow?
Federal agencies must follow the land acquisition policy in the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act, as amended, 42 U.S.C. 4651-4655, which--
(a) Encourages and expedites the acquisition of real property by
agreements with owners;
(b) Avoids litigation, including condemnation actions, where
possible and relieves congestion in the courts;
(c) Provides for consistent treatment of owners; and
(d) Promotes public confidence in Federal land acquisition
practices.
Sec. 102-73.265 What actions must Federal agencies take to facilitate
land acquisition?
To facilitate land acquisition, Federal agencies must, among other
things--
(a) Appraise the real property before starting negotiations and
give the owner (or the owner's representative) the opportunity to
accompany the appraiser during the inspection;
(b) Establish an amount estimated to be the just compensation
before starting negotiations and promptly offer to acquire the property
for this full amount;
(c) Try to negotiate with owners on the price;
(d) Pay the agreed purchase price to the property owner, or in the
case of a condemnation, deposit payment in the registry of the court,
for the benefit of the owner, before requiring the owner to surrender
the property; and
(e) Provide property owners (and occupants) at least 90 days'
notice of displacement before requiring anyone to move. If a Federal
agency permits the owner to keep possession for a short time after
acquiring the owner's property, Federal agencies must not charge rent
in excess of the property's fair rental value to a short-term occupier.
Just Compensation
Sec. 102-73.270 Are Federal agencies required to provide the owner
with a written statement of the amount established as just
compensation?
Yes, Federal agencies must provide the owner with a written
statement of this amount and summarize the basis for it. When it is
appropriate, Federal agencies must separately state the just
compensation for the property to be acquired and damages to the
remaining real property.
Sec. 102-73.275 What specific information must be included in the
summary statement for the owner that explains the basis for just
compensation?
The summary statement must--
(a) Identify the real property and the estate or interest the
Federal agency is acquiring;
(b) Identify the buildings, structures, and other improvements the
Federal agency considers part of the real property for which just
compensation is being offered;
(c) State that the Federal agency based the estimate of just
compensation on the Government's estimate of the property's fair market
value. If only part of a property or less than a full interest is being
acquired, Federal agencies must explain how they determined the just
compensation for it; and
(d) State that the Government's estimate of just compensation is at
least as much as the property's approved appraisal value.
Sec. 102-73.280 Where can Federal agencies find guidance on how to
appraise the value of properties being acquired by the Federal
Government?
The Interagency Land Acquisition Conference has developed,
promulgated, and adopted the Uniform Appraisal Standards for Federal
Land Acquisitions, sometimes referred to as the ``Yellow Book.'' The
Interagency Land Acquisition Conference, established on November 27,
1968, by invitation of the Attorney General, is a voluntary
organization composed of the many Federal agencies engaged in the
acquisition of real estate for public uses. The ``Yellow Book'' is
published by the Appraisal Institute in cooperation with the U.S.
Department of Justice and is available in hard copy or on the
Department of Justice's internet Web site at http://www.usdoj.gov/enrd/land-ack/
.
Sec. 102-73.285 [Reserved]
Sec. 102-73.290 Are there any prohibitions when a Federal agency pays
``just compensation'' to a tenant?
Yes, Federal agencies must not--
(a) Duplicate any payment to the tenant otherwise authorized by
law; and
(b) Pay a tenant unless the landowner disclaims all interests in
the tenant's improvements. In consideration for any such payment, the
tenant must assign, transfer, and release to the Federal
[[Page 67798]]
agency all of its right, title, and interest in the improvements. The
tenant may reject such payment under this subpart and obtain payment
for its property interests according to other sections of applicable
law.
Expenses Incidental to Property Transfer
Sec. 102-73.295 What property transfer expenses must Federal agencies
cover when acquiring real property?
Federal agencies must--
(a) Reimburse property owners for all reasonable expenses actually
incurred for recording fees, transfer taxes, documentary stamps,
evidence of title, boundary surveys, legal descriptions of the real
property, and similar expenses needed to convey the property to the
Federal Government;
(b) Reimburse property owners for all reasonable expenses actually
incurred for penalty costs and other charges to prepay any existing,
recorded mortgage that a property owner entered into in good faith and
that encumbers the real property;
(c) Reimburse property owners for all reasonable expenses actually
incurred for the prorated part of any prepaid real property taxes that
cover the period after the Federal Government gets title to the
property or effective possession of it, whichever is earlier; and
(d) Whenever possible, directly pay the costs identified in this
section, so property owners will not have to pay them and then seek
reimbursement from the Government.
Litigation Expenses
Sec. 102-73.300 Are Federal agencies required to pay for litigation
expenses incurred by a property owner because of a condemnation
proceeding?
Federal agencies must pay reasonable expenses for attorneys,
appraisals, and engineering fees that a property owner incurs because
of a condemnation proceeding, if any of the following are true:
(a) The court's final judgment is that the Federal agency cannot
acquire the real property by condemnation.
(b) The Federal agency abandons the condemnation proceeding other
than under an agreed-on settlement.
(c) The court renders a judgment in the property owner's favor in
an inverse condemnation proceeding or the Federal agency agrees to
settle such proceeding.
Relocation Assistance Policy
Sec. 102-73.305 What relocation assistance policy must Federal
agencies follow?
Federal agencies, upon approval from GSA, must provide appropriate
relocation assistance under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act, as amended, 42 U.S.C. 4651-4655, to
eligible owners and tenants of property purchased for use by Federal
agencies in accordance with the implementing regulations found in 49
CFR part 24. Appropriate relocation assistance means that the Federal
agency must pay the displaced person for actual--
(a) Reasonable moving expenses (in moving himself, his family, and
business);
(b) Direct losses of tangible personal property as a result of
moving or discontinuing a business;
(c) Reasonable expenses in searching for a replacement business or
farm; and
(d) Reasonable expenses necessary to reestablish a displaced farm,
nonprofit organization, or small business at its new site, but not to
exceed $10,000.
0
4. Revise part 102-74 to read as follows:
PART 102-74--FACILITY MANAGEMENT
Subpart A--General Provisions
Sec.
102-74.5 What is the scope of this part?
102-74.10 What is the basic facility management policy?
Subpart B--Facility Management
102-74.15 What are the facility management responsibilities of
occupant agencies?
Occupancy Services
102-74.20 What are occupancy services?
102-74.25 What responsibilities do Executive agencies have regarding
occupancy services?
102-74.30 What standard in providing occupancy services must
Executive agencies follow?
102-74.35 What building services must Executive agencies provide?
Concession Services
102-74.40 What are concession services?
102-74.45 When must Federal agencies provide concession services?
102-74.50 Are Federal agencies required to give blind vendors
priority in operating vending facilities?
102-74.55 Are vending facilities authorized under the Randolph-
Sheppard Act operated by permit or contract?
102-74.60 Are Federal agencies required to give blind vendors
priority in operating cafeterias?
102-74.65 Are cafeterias authorized under the Randolph-Sheppard Act
operated by permit or contract?
102-74.70 Are commercial vendors and nonprofit organizations
required to operate vending facilities by permit or contractual
arrangement?
102-74.75 May Federal agencies sell tobacco products in vending
machines in Government-owned and leased space?
102-74.80 [Reserved]
102-74.85 [Reserved]
102-74.90 [Reserved]
102-74.95 [Reserved]
Conservation Program
102-74.100 What are conservation programs?
Asset Services
102-74.105 What are asset services?
102-74.110 What asset services must Executive agencies provide?
102-74.115 What standard in providing asset services must Executive
agencies follow?
102-74.120 Is a prospectus required to be submitted before emergency
alterations can be performed?
102-74.125 Are prospectuses required for reimbursable alteration
projects?
102-74.130 When a prospectus is required, can GSA prepare a
prospectus for a reimbursable alteration project?
102-74.135 Who selects construction and alteration projects that are
to be performed?
102-74.140 On what basis does the Administrator select construction
and alteration projects?
102-74.145 What information must a Federal agency submit to GSA
after the agency has identified a need for construction or
alteration of a public building?
102-74.150 Who submits prospectuses for the construction or
alteration of public buildings to the Congressional committees?
Energy Conservation
102-74.155 What energy conservation policy must Federal agencies
follow in the management of facilities?
102-74.160 What actions must Federal agencies take to promote energy
conservation?
102-74.165 What energy standards must Federal agencies follow for
existing facilities?
102-74.170 May exceptions to the energy conservation policies in
this subpart be granted?
102-74.175 Are Government-leased buildings required to conform with
the policies in this subpart?
102-74.180 What illumination levels must Federal agencies maintain
on Federal facilities?
102-74.185 What heating and cooling policy must Federal agencies
follow in Federal facilities?
102-74.190 Are portable heaters, fans, and other such devices
allowed in Government-controlled facilities?
102-74.195 What ventilation policy must Federal agencies follow?
102-74.200 What information are Federal agencies required to report
to the Department of Energy (DOE)?
Ridesharing
102-74.205 What Federal facility ridesharing policy must Executive
agencies follow?
[[Page 67799]]
102-74.210 What steps must Executive agencies take to promote
ridesharing at Federal facilities?
102-74.215 [Reserved]
102-74.220 [Reserved]
102-74.225 [Reserved]
Occupant Emergency Program
102-74.230 Who is responsible for establishing an occupant emergency
program?
102-74.235 Are occupant agencies required to cooperate with the
Designated Official in the implementation of the emergency plans and
the staffing of the emergency organization?
102-74.240 What are Federal agencies' occupant emergency
responsibilities?
102-74.245 Who makes the decision to activate the Occupant Emergency
Organization?
102-74.250 What information must the Designated Official use to make
a decision to activate the Occupant Emergency Organization?
102-74.255 How must occupant evacuation or relocation be
accomplished when there is immediate danger to persons or property,
such as fire, explosion, or the discovery of an explosive device
(not including a bomb threat)?
102-74.260 What action must the Designated Official initiate when
there is advance notice of an emergency?
Parking Facilities
102-74.265 Who must provide for the regulation and policing of
parking facilities?
102-74.270 Are vehicles required to display parking permits in
parking facilities?
102-74.275 May Federal agencies authorize lessors or parking
management contractors to manage, regulate, and police parking
facilities?
102-74.280 Are privately owned vehicles converted for propane
carburetion permitted in underground parking facilities?
102-74.285 How must Federal agencies assign priority to parking
spaces in controlled areas?
102-74.290 May Federal agencies allow employees to use parking
spaces not required for official needs?
102-74.295 Who determines the number of employee parking spaces for
each facility?
102-74.300 How must space available for employee parking be
allocated among occupant agencies?
102-74.305 How must Federal agencies assign available parking spaces
to their employees?
102-74.310 What measures must Federal agencies take to improve the
utilization of parking facilities?
Smoking
102-74.315 What is the smoking policy for Federal facilities?
102-74.320 Are there any exceptions to this smoking policy for
Federal facilities?
102-74.325 Who has the responsibility to determine which areas are
to be smoking and which areas are to be nonsmoking areas?
102-74.330 Who must evaluate the need to restrict smoking at
doorways and in courtyards?
102-74.335 Who is responsible for monitoring and controlling areas
designated for smoking and identifying these areas with proper
signage?
102-74.340 Who is responsible for signs on or near building entrance
doors?
102-74.345 Does the smoking policy in this part apply to the
judicial branch?
102-74.350 Are agencies required to meet their obligations under the
Federal Service Labor-Management Relations Act where there is an
exclusive representative for the employees prior to implementing
this smoking policy?
Accident and Fire Prevention
102-74.355 With what accident and fire prevention standards must
Federal facilities comply?
102-74.360 What are the specific accident and fire prevention
responsibilities of occupant agencies?
Subpart C--Conduct on Federal Property
Applicability
102-74.365 To whom does this subpart apply?
Inspection
102-74.370 What items are subject to inspection by Federal agencies?
Admission to Property
102-74.375 What is the policy on admitting persons to Government
property?
Preservation of Property
102-74.380 What is the policy concerning the preservation of
property?
Conformity With Signs and Directions
102-74.385 What is the policy concerning conformity with official
signs and directions?
Disturbances
102-74.390 What is the policy concerning disturbances?
Gambling
102-74.395 What is the policy concerning gambling?
Narcotics and Other Drugs
102-74.400 What is the policy concerning the possession and use of
narcotics and other drugs?
Alcoholic Beverages
102-74.405 What is the policy concerning the use of alcoholic
beverages?
Soliciting, Vending and Debt Collection
102-74.410 What is the policy concerning soliciting, vending and
debt collection?
Posting and Distributing Materials
102-74.415 What is the policy for posting and distributing
materials?
Photographs for News, Advertising or Commercial Purposes
102-74.420 What is the policy concerning photographs for news,
advertising or commercial purposes?
Dogs and Other Animals
102-74.425 What is the policy concerning dogs and other animals on
Federal property?
Breastfeeding
102-74.426 May a woman breastfeed her child in a Federal building or
on Federal property?
Vehicular and Pedestrian Traffic
102-74.430 What is the policy concerning vehicular and pedestrian
traffic on Federal property?
Explosives
102-74.435 What is the policy concerning explosives on Federal
property?
Weapons
102-74.440 What is the policy concerning weapons on Federal
property?
Nondiscrimination
102-74.445 What is the policy concerning discrimination on Federal
property?
Penalties
102-74.450 What are the penalties for violating any rule or
regulation in this subpart?
Impact on Other Laws or Regulations
102-74.455 What impact do the rules and regulations in this subpart
have on other laws or regulations?
Subpart D--Occasional Use of Public Buildings
102-74.460 What is the scope of this subpart?
Application for Permit
102-74.465 Is a person or organization that wishes to use a public
area required to apply for a permit from a Federal agency?
102-74.470 What information must persons or organizations submit so
that Federal agencies may consider their application for a permit?
102-74.475 If an applicant proposes to use a public area to solicit
funds, is the applicant required to make a certification?
Permits
102-74.480 How many days does a Federal agency have to issue a
permit following receipt of a completed application?
102-74.485 Is there any limitation on the length of time of a
permit?
102-74.490 What if more than one permit is requested for the same
area and time?
102-74.495 If a permit involves demonstrations or activities that
may lead to civil disturbances, what action must a Federal agency
take before approving such a permit application?
Disapproval of Applications or Cancellation of Permits
102-74.500 Can Federal agencies disapprove permit applications or
cancel issued permits?
102-74.505 What action must Federal agencies take after disapproving
an
[[Page 67800]]
application or canceling an issued permit?
Appeals
102-74.510 How may the disapproval of a permit application or
cancellation of an issued permit be appealed?
102-74.515 Will the affected person or organization and the Federal
agency buildings manager have an opportunity to state their
positions on the issues?
102-74.520 How much time does the Regional Officer have to affirm or
reverse the Federal agency buildings manager's decision after
receiving the notification of appeal from the affected person or
organization?
Schedule of Use
102-74.525 May Federal agencies reserve time periods for the use of
public areas for official Government business or for maintenance,
repair, and construction?
Hours of Use
102-74.530 When may public areas be used?
Services and Costs
102-74.535 What items may Federal agencies provide to permittees
free of charge?
102-74.540 What are the items for which permittees must reimburse
Federal agencies?
102-74.545 May permittees make alterations to the public areas?
102-74.550 What items are permittees responsible for furnishing?
Conduct
102-74.555 What rules of conduct must all permittees observe while
on Federal property?
Non-affiliation With the Government
102-74.560 May Federal agencies advise the public of the presence of
any permittees and their non-affiliation with the Federal
Government?
Subpart E--Installing, Repairing, and Replacing Sidewalks
102-74.565 What is the scope of this subpart?
102-74.570 Are State and local governments required to fund the cost
of installing, repairing, and replacing sidewalks?
102-74.575 How do Federal agencies arrange for work on sidewalks?
102-74.580 Who decides when to replace a sidewalk?
Subpart F--Telework
102-74.585 What Federal facility telework policy must Executive
agencies follow?
102-74.590 What steps must agencies take to implement these laws and
policies?
102-74.595 How can agencies obtain guidance, assistance, and
oversight regarding alternative workplace arrangements from GSA?
102-74.600 Should Federal agencies utilize telework centers?
Appendix to Part 102-74--Rules and Regulations Governing Conduct on
Federal Property
Authority: 40 U.S.C. 121(c); Executive Order 12191, 45 FR 7997,
3 CFR, 1980 Comp., p 138.
Subpart A--General Provisions
Sec. 102-74.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including the GSA's Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services.
Sec. 102-74.10 What is the basic facility management policy?
Executive agencies must manage, operate and maintain Government-
owned and leased buildings in a manner that provides for quality space
and services consistent with their operational needs and accomplishes
overall Government objectives. The management, operation and
maintenance of buildings and building systems must--
(a) Be cost effective and energy efficient;
(b) Be adequate to meet the agencies' missions;
(c) Meet nationally recognized standards; and
(d) Be at an appropriate level to maintain and preserve the
physical plant assets, consistent with available funding.
Subpart B--Facility Management
Sec. 102-74.15 What are the facility management responsibilities of
occupant agencies?
Occupants of facilities under the custody and control of Federal
agencies must--
(a) Cooperate to the fullest extent with all pertinent facility
procedures and regulations;
(b) Promptly report all crimes and suspicious circumstances
occurring on Federally controlled property first to the regional
Federal Protective Service, and as appropriate, the local responding
law enforcement authority;
(c) Provide training to employees regarding protection and
responses to emergency situations; and
(d) Make recommendations for improving the effectiveness of
protection in Federal facilities.
Occupancy Services
Sec. 102-74.20 What are occupancy services?
Occupancy services are--
(a) Building services (see Sec. 102-74.35);
(b) Concession services (see Sec. 102-74.40); and
(c) Conservation programs (see Sec. 102-74.100).
Sec. 102-74.25 What responsibilities do Executive agencies have
regarding occupancy services?
Executive agencies, upon approval from GSA, must manage, administer
and enforce the requirements of agreements (such as Memoranda of
Understanding) and contracts that provide for the delivery of occupancy
services.
Sec. 102-74.30 What standard in providing occupancy services must
Executive agencies follow?
Executive agencies must provide occupancy services that
substantially conform to nationally recognized standards. As needed,
Executive agencies may adopt other standards for buildings and services
in Federally controlled facilities to conform to statutory requirements
and to implement cost-reduction efforts.
Sec. 102-74.35 What building services must Executive agencies
provide?
Executive agencies, upon approval from GSA, must provide--
(a) Building services such as custodial, solid waste management
(including recycling), heating and cooling, landscaping and grounds
maintenance, tenant alterations, minor repairs, building maintenance,
integrated pest management, signage, parking, and snow removal, at
appropriate levels to support Federal agency missions; and
(b) Arrangements for raising and lowering the United States flags
at appropriate times. In addition, agencies must display P.O.W. and
M.I.A. flags at locations specified in 36 U.S.C. 902 on P.O.W./M.I.A.
flag display days.
Concession Services
Sec. 102-74.40 What are concession services?
Concession services are any food or snack services provided by a
Randolph-Sheppard Act vendor, commercial contractor or nonprofit
organization (see definition in Sec. 102-71.20 of this chapter), in
vending facilities such as--
(a) Vending machines;
(b) Sundry facilities;
(c) Prepackaged facilities;
(d) Snack bars; and
(e) Cafeterias.
Sec. 102-74.45 When must Federal agencies provide concession
services?
Federal agencies, upon approval from GSA, must provide concession
services where building population supports such services and when the
availability of existing commercial services is insufficient to meet
Federal agency needs. Prior to establishing concessions, Federal
agencies must ensure that--
[[Page 67801]]
(a) The proposed concession will be established and operated in
conformance with applicable policies, safety, health and sanitation
codes, laws, regulations, etc., and will not contravene the terms of
any lease or other contractual arrangement; and
(b) Sufficient funds are legally available to cover all costs for
which the Government may be responsible.
Sec. 102-74.50 Are Federal agencies required to give blind vendors
priority in operating vending facilities?
With certain exceptions, the Randolph-Sheppard Act (20 U.S.C. 107
et seq.) requires that blind persons licensed by a State licensing
agency under the provisions of the Randolph-Sheppard Act be authorized
to operate vending facilities on Federal property, including leased
buildings. The Department of Education (ED) is responsible for the
administration of the Randolph-Sheppard Act as set forth at 34 CFR part
395. The ED designates individual State licensing agencies with program
administration responsibility. The Randolph-Sheppard Act and its
implementing regulations require that Federal property managers give
priority to and notify the State licensing agencies in writing of any
opportunity.
Sec. 102-74.55 Are vending facilities authorized under the Randolph-
Sheppard Act operated by permit or contract?
Vending facilities are authorized by permit. As set forth in 34 CFR
part 395, the Federal property manager approves and signs State
licensing agency permits that authorize States to license blind vendors
to operate vending facilities (including vending machines) on Federal
property.
Sec. 102-74.60 Are Federal agencies required to give blind vendors
priority in operating cafeterias?
Yes. Federal agencies are required to give Randolph-Sheppard
vendors priority in the operation of cafeterias when the State
licensing agency is in the competitive range as set forth at 34 CFR
part 395.
Sec. 102-74.65 Are cafeterias authorized under the Randolph-Sheppard
Act operated by permit or contract?
They are operated by contract. As set forth at 34 CFR part 395, the
Federal property manager contracts with the State licensing agency to
license blind vendors to operate cafeterias on Federal property.
Sec. 102-74.70 Are commercial vendors and nonprofit organizations
required to operate vending facilities by permit or contractual
arrangement?
Commercial vendors and nonprofit organizations must operate vending
facilities, including cafeterias, under a contractual arrangement with
Federal agencies.
Sec. 102-74.75 May Federal agencies sell tobacco products in vending
machines in Government-owned and leased space?
No. Section 636 of Public Law 104-52 prohibits the sale of tobacco
products in vending machines in Government-owned and leased space. The
Administrator of GSA or the head of an Agency may designate areas not
subject to the prohibition, if minors are prohibited and reports are
made to the appropriate committees of Congress.
Sec. 102-74.80 [Reserved]
Sec. 102-74.85 [Reserved]
Sec. 102-74.90 [Reserved]
Sec. 102-74.95 [Reserved]
Conservation Programs
Sec. 102-74.100 What are conservation programs?
Conservation programs are programs that improve energy and water
efficiency and promote the use of solar and other renewable energy.
These programs must promote and maintain an effective source reduction
activity (reducing consumption of resources such as energy, water, and
paper), resource recovery activity (obtaining materials from the waste
stream that can be recycled into new products), and reuse activity
(reusing same product before disposition, such as reusing unneeded
memos for scratch paper).
Asset Services
Sec. 102-74.105 What are asset services?
Asset services include repairs (other than those minor repairs
identified in Sec. 102-74.35(a)), alterations and modernizations for
real property assets. Typically, these are the types of repairs and
alterations necessary to preserve or enhance the value of the real
property asset.
Sec. 102-74.110 What asset services must Executive agencies provide?
Executive agencies, upon approval from GSA, must provide asset
services such as repairs (in addition to those minor repairs identified
in Sec. 102-74.35(a)), alterations, and modernizations for real
property assets. For repairs and alterations projects for which the
estimated cost exceeds the prospectus threshold, Federal agencies must
follow the prospectus submission and approval policy identified in this
part and part 102-73 of this chapter.
Sec. 102-74.115 What standard in providing asset services must
Executive agencies follow?
Executive agencies must provide asset services that maintain
continuity of Government operations, continue efficient building
operations, extend the useful life of buildings and related building
systems, and provide a quality workplace environment that enhances
employee productivity.
Sec. 102-74.120 Is a prospectus required to be submitted before
emergency alterations can be performed?
No. A prospectus does not need to be submitted before emergency
alterations are performed, but GSA must submit a prospectus as soon as
possible after the emergency. Federal agencies must immediately alter a
building if the alteration protects people, buildings, or equipment,
saves lives, and/or avoids further property damage. Federal agencies
can take these actions in an emergency before GSA submits a prospectus
on the alterations to the Senate Committee on Environment and Public
Works and the House Committee on Transportation and Infrastructure.
Sec. 102-74.125 Are prospectuses required for reimbursable alteration
projects?
A project that is to be financed in whole or in part from funds
appropriated to the requesting agency may be performed without a
prospectus if--
(a) Payment is made from agency appropriations that are not subject
to 40 U.S.C. 3307; and
(b) GSA's portion of the cost, if any, does not exceed the
prospectus threshold.
Sec. 102-74.130 When a prospectus is required, can GSA prepare a
prospectus for a reimbursable alteration project?
Yes, if requested by a Federal agency, GSA will prepare a
prospectus for a reimbursable alteration project.
Sec. 102-74.135 Who selects construction and alteration projects that
are to be performed?
The Administrator of General Services selects construction and
alteration projects to be performed.
Sec. 102-74.140 On what basis does the Administrator select
construction and alteration projects?
The Administrator selects projects based on a continuing
investigation and survey of the public building needs of the Federal
Government. These projects must be equitably distributed
[[Page 67802]]
throughout the United States, with due consideration given to each
project's comparative urgency.
Sec. 102-74.145 What information must a Federal agency submit to GSA
after the agency has identified a need for construction or alteration
of a public building?
Federal agencies identifying a need for construction or alteration
of a public building must provide information, such as a description of
the work, location, estimated maximum cost, and justification to the
Administrator of General Services.
Sec. 102-74.150 Who submits prospectuses for the construction or
alteration of public buildings to the Congressional committees?
The Administrator of General Services must submit prospectuses for
public building construction or alteration projects to the Senate
Committee on Environment and Public Works and the House Committee on
Transportation and Infrastructure for approval.
Energy Conservation
Sec. 102-74.155 What energy conservation policy must Federal agencies
follow in the management of facilities?
Federal agencies must--
(a) Comply with the energy conservation guidelines in 10 CFR part
436 (Federal Energy Management and Planning Programs); and
(b) Observe the energy conservation policies cited in this part.
Sec. 102-74.160 What actions must Federal agencies take to promote
energy conservation?
Federal agencies must--
(a) Turn off lights and equipment when not needed;
(b) Not block or impede ventilation; and
(c) Keep windows and other building accesses closed during the
heating and cooling seasons.
Sec. 102-74.165 What energy standards must Federal agencies follow
for existing facilities?
Existing Federal facilities must meet the energy standards
prescribed by the American Society of Heating, Refrigerating, and Air
Conditioning Engineers and the Illuminating Engineering Society of
North American in ASHRAE/IES Standard 90A-1980, as amended by the
Department of Energy. Federal agencies must apply these energy
standards where they can be achieved through life cycle, cost effective
actions.
Sec. 102-74.170 May exceptions to the energy conservation policies in
this subpart be granted?
Yes, the Federal agency buildings manager may grant exceptions to
the foregoing policies in this subpart to enable agencies to accomplish
their missions more effectively and efficiently.
Sec. 102-74.175 Are Government-leased buildings required to conform
with the policies in this subpart?
Yes, all new lease contracts must be in conformance with the
policies prescribed in this subpart. Federal agencies must administer
existing lease contracts in accordance with these policies to the
maximum extent feasible.
Sec. 102-74.180 What illumination levels must Federal agencies
maintain on Federal facilities?
Except where special circumstances exist, Federal agencies must
maintain illumination levels at--
(a) 50 foot-candles at work station surfaces, measured at a height
of 30 inches above floor level, during working hours (for visually
difficult or critical tasks, additional lighting may be authorized by
the Federal agency buildings manager);
(b) 30 foot-candles in work areas during working hours, measured at
30 inches above floor level;
(c) 10 foot-candles, but not less than 1 foot-candle, in non-work
areas, during working hours (normally this will require levels of 5
foot-candles at elevator boarding areas, minimum of 1 foot-candle at
the middle of corridors and stairwells as measured at the walking
surface, 1 foot-candle at the middle of corridors and stairwells as
measured at the walking surface, and 10 foot-candles in storage areas);
and
(d) Levels essential for safety and security purposes, including
exit signs and exterior lights.
Sec. 102-74.185 What heating and cooling policy must Federal agencies
follow in Federal facilities?
Within the limitations of the building systems, Federal agencies
must--
(a) Operate heating and cooling systems in the most overall energy
efficient and economical manner;
(b) Maintain temperatures to maximize customer satisfaction by
conforming to local commercial equivalent temperature levels and
operating practices;
(c) Set heating temperatures no higher than 55 degrees Fahrenheit
during non-working hours;
(d) Not provide air-conditioning during non-working hours, except
as necessary to return space temperatures to a suitable level for the
beginning of working hours;
(e) Not permit reheating, humidification and simultaneous heating
and cooling; and
(f) Operate building systems as necessary during extreme weather
conditions to protect the physical condition of the building.
Sec. 102-74.190 Are portable heaters, fans and other such devices
allowed in Government-controlled facilities?
Federal agencies are prohibited from operating portable heaters,
fans, and other such devices in Government-controlled facilities unless
authorized by the Federal agency buildings manager.
Sec. 102-74.195 What ventilation policy must Federal agencies follow?
During working hours in periods of heating and cooling, Federal
agencies must provide ventilation in accordance with ASHRAE Standard
62, Ventilation for Acceptable Indoor Air Quality, where physically
practical. Where not physically practical, Federal agencies must
provide the maximum allowable amount of ventilation during periods of
heating and cooling and pursue opportunities to increase ventilation up
to current standards. ASHRAE Standard 62 is available from ASHRAE
Publications Sales, 1791 Tullie Circle NE, Atlanta, GA 30329-2305.
Sec. 102-74.200 What information are Federal agencies required to
report to the Department of Energy (DOE)?
Federal agencies, upon approval of GSA, must report to the DOE the
energy consumption in buildings, facilities, vehicles, and equipment
within 45 calendar days after the end of each quarter as specified in
the DOE Federal Energy Usage Report DOE F 6200.2 Instructions.
Ridesharing
Sec. 102-74.205 What Federal facility ridesharing policy must
Executive agencies follow?
(a) In accordance with Executive Order 12191, ``Federal Facility
Ridesharing Program'' (3 CFR, 1980 Comp., p. 138), Executive agencies
must actively promote the use of ridesharing (carpools, vanpools,
privately leased buses, public transportation, and other multi-
occupancy modes of travel) by personnel working at Federal facilities
to conserve energy, reduce congestion, improve air quality, and provide
an economical way for Federal employees to commute to work.
(b) In accordance with the Federal Employees Clean Air Incentives
Act (Public Law 103-172), the Federal
[[Page 67803]]
Government is required to take steps to improve the air quality, and to
reduce traffic congestion by providing for the establishment of
programs that encourage Federal employees to commute to work by means
other than single-occupancy motor vehicles.
(c) In accordance with the Transportation Equity Act for the 21st
Century (Public Law 105-178), employers, including the Federal
Government, are to offer employees transportation fringe benefits.
Sec. 102-74.210 What steps must Executive agencies take to promote
ridesharing at Federal facilities?
(a) Under Executive Order 12191, ``Federal Facility Ridesharing
Program,'' agencies shall--
(1) Establish an annual ridesharing goal for each facility; and
(2) Cooperate with State and local ridesharing agencies where such
agencies exist.
(b) Under the Federal Employees Clean Air Incentives Act (Public
Law 103-172), agencies shall--
(1) Issue transit passes or similar vouchers to exchange for
transit passes;
(2) Furnish space, facilities, and services to bicyclists;
(3) Provide non-monetary incentives as provided by other provisions
of law or other authority; and
(4) Submit biennially to GSA (as directed in House of
Representatives Report 103-356, dated November 10, 1993) a report that
covers--
(i) Agency programs offered under Public law 103-172;
(ii) Description of each program;
(iii) Extent of employee participation in, and costs to the
Government associated with, each program;
(iv) Assessment of environmental or other benefits realized from
these programs; and
(v) Other matters that may be appropriate under Public Law 103-172.
(c) In accordance with the Transportation Equity Act for the 21st
Century, agencies may (in lieu of or in combination with other commuter
benefits) provide fringe benefits to qualified commuters, at no cost,
by giving them a monthly pretax payroll deduction to support and
encourage the use of mass transportation systems.
Sec. 102-74.215 [Reserved]
Sec. 102-74.220 [Reserved]
Sec. 102-74.225 [Reserved]
Occupant Emergency Program
Sec. 102-74.230 Who is responsible for establishing an occupant
emergency program?
The Designated Official (as defined in Sec. 102-71.20 of this
chapter) is responsible for developing, implementing and maintaining an
Occupant Emergency Plan (as defined in Sec. 102-71.20 of this
chapter). The Designated Official's responsibilities include
establishing, staffing and training an Occupant Emergency Organization
with agency employees. Federal agencies, upon approval from GSA, must
assist in the establishment and maintenance of such plans and
organizations.
Sec. 102-74.235 Are occupant agencies required to cooperate with the
Designated Official in the implementation of the emergency plans and
the staffing of the emergency organization?
Yes, all occupant agencies of a facility must fully cooperate with
the Designated Official in the implementation of the emergency plans
and the staffing of the emergency organization.
Sec. 102-74.240 What are Federal agencies' occupant emergency
responsibilities?
Federal agencies, upon approval from GSA, must--
(a) Provide emergency program policy guidance;
(b) Review plans and organizations annually;
(c) Assist in training of personnel;
(d) Otherwise provide for the proper administration of Occupant
Emergency Programs (as defined in Sec. 102-71.20 of this chapter);
(e) Solicit the assistance of the lessor in the establishment and
implementation of plans in leased space; and
(f) Assist the Occupant Emergency Organization (as defined in Sec.
102-71.20 of this chapter) by providing technical personnel qualified
in the operation of utility systems and protective equipment.
Sec. 102-74.245 Who makes the decision to activate the Occupant
Emergency Organization?
The decision to activate the Occupant Emergency Organization must
be made by the Designated Official, or by the designated alternate
official. After normal duty hours, the senior Federal official present
must represent the Designated Official or his/her alternates and must
initiate action to cope with emergencies in accordance with the plans.
Sec. 102-74.250 What information must the Designated Official use to
make a decision to activate the Occupant Emergency Organization?
The Designated Official must make a decision to activate the
Occupant Emergency Organization based upon the best available
information, including--
(a) An understanding of local tensions;
(b) The sensitivity of target agency(ies);
(c) Previous experience with similar situations;
(d) Advice from the Federal agency buildings manager;
(e) Advice from the appropriate Federal law enforcement official;
and
(f) Advice from Federal, State, and local law enforcement agencies.
Sec. 102-74.255 How must occupant evacuation or relocation be
accomplished when there is immediate danger to persons or property,
such as fire, explosion or the discovery of an explosive device (not
including a bomb threat)?
The Designated Official must initiate action to evacuate or
relocate occupants in accordance with the plan by sounding the fire
alarm system or by other appropriate means when there is immediate
danger to persons or property, such as fire, explosion or the discovery
of an explosive device (not including a bomb threat).
Sec. 102-74.260 What action must the Designated Official initiate
when there is advance notice of an emergency?
The Designated Official must initiate appropriate action according
to the plan when there is advance notice of an emergency.
Parking Facilities
Sec. 102-74.265 Who must provide for the regulation and policing of
parking facilities?
Federal agencies, upon approval from GSA, must provide for any
necessary regulation and policing of parking facilities, which may
include--
(a) The issuance of traffic rules and regulations;
(b) The installation of signs and markings for traffic control
(Signs and markings must conform with the Manual on Uniform Traffic
Control Devices published by the Department of Transportation);
(c) The issuance of citations for parking violations; and
(d) The immobilization or removal of illegally parked vehicles.
[[Page 67804]]
Sec. 102-74.270 Are vehicles required to display parking permits in
parking facilities?
When the use of parking space is controlled as in Sec. 102-74.265,
all privately owned vehicles other than those authorized to use
designated visitor or service areas must display a parking permit. This
requirement may be waived in parking facilities where the number of
available spaces regularly exceeds the demand for such spaces.
Sec. 102-74.275 May Federal agencies authorize lessors or parking
management contractors to manage, regulate and police parking
facilities?
Yes, Federal agencies, upon approval from GSA, may authorize
lessors or parking management contractors to manage, regulate and
police parking facilities.
Sec. 102-74.280 Are privately owned vehicles converted for propane
carburetion permitted in underground parking facilities?
Federal agencies must not permit privately owned vehicles converted
for propane carburetion to enter underground parking facilities unless
the owner provides to the occupant agency and the Federal agency
buildings manager the installer's certification that the installation
methods and equipment comply with National Fire Protection Association
(NFPA) Standard No. 58.
Sec. 102-74.285 How must Federal agencies assign priority to parking
spaces in controlled areas?
Federal agencies must reserve official parking spaces, in the
following order of priority, for--
(a) Official postal vehicles at buildings containing the U.S.
Postal Service's mailing operations;
(b) Federally owned vehicles used to apprehend criminals, fight
fires and handle other emergencies;
(c) Private vehicles owned by Members of Congress (but not their
staffs);
(d) Private vehicles owned by Federal judges (appointed under
Article III of the Constitution), which may be parked in those spaces
assigned for the use of the Court, with priority for them set by the
Administrative Office of the U.S. Courts;
(e) Other Federally owned and leased vehicles, including those in
motor pools or assigned for general use;
(f) Service vehicles, vehicles used in child care center
operations, and vehicles of patrons and visitors (Federal agencies must
allocate parking for disabled visitors whenever an agency's mission
requires visitor parking); and
(g) Private vehicles owned by employees, using spaces not needed
for official business.
However, in major metropolitan areas, Federal agencies may
determine that allocations by zone would make parking more efficient or
equitable, taking into account the priority for official parking set
forth in this section.
Sec. 102-74.290 May Federal agencies allow employees to use parking
spaces not required for official needs?
Yes, Federal agencies may allow employees to use parking spaces not
required for official needs.
Sec. 102-74.295 Who determines the number of employee parking spaces
for each facility?
The Federal agency buildings manager must determine the total
number of spaces available for employee parking. Typically, Federal
agencies must make a separate determination for each parking facility.
However, in major metropolitan areas, Federal agencies may determine
that allocations by zone would make parking more efficient or more
equitably available.
Sec. 102-74.300 How must space available for employee parking be
allocated among occupant agencies?
The Federal agency buildings manager must allocate space available
for employee parking among occupant agencies on an equitable basis,
such as by allocating such parking in proportion to each agency's share
of building space, office space or total employee population, as
appropriate. In certain cases, Federal agencies may allow a third
party, such as a board composed of representatives of agencies sharing
space, to determine proper parking allocations among the occupant
agencies.
Sec. 102-74.305 How must Federal agencies assign available parking
spaces to their employees?
Federal agencies must assign available parking spaces to their
employees using the following order of priority:
(a) Severely disabled employees (see definition in Sec. 102-71.20
of this chapter).
(b) Executive personnel and persons who work unusual hours.
(c) Vanpool/carpool vehicles.
(d) Privately owned vehicles of occupant agency employees that are
regularly used for Government business at least 12 days per month and
that qualify for reimbursement of mileage and travel expenses under
Government travel regulations.
(e) Other privately owned vehicles of employees, on a space-
available basis. (In locations where parking allocations are made on a
zonal basis, GSA and affected agencies may cooperate to issue
additional rules, as appropriate.)
Sec. 102-74.310 What measures must Federal agencies take to improve
the utilization of parking facilities?
Federal agencies must take all feasible measures to improve the
utilization of parking facilities, including--
(a) The conducting of surveys and studies;
(b) The periodic review of parking space allocations;
(c) The dissemination of parking information to occupant agencies;
(d) The implementation of parking incentives that promote
ridesharing;
(e) The use of stack parking practices, where appropriate; and
(f) The employment of parking management contractors and
concessionaires, where appropriate.
Smoking
Sec. 102-74.315 What is the smoking policy for Federal facilities?
Pursuant to Executive Order 13058, ``Protecting Federal Employees
and the Public From Exposure to Tobacco Smoke in the Federal
Workplace'' (3 CFR, 1997 Comp., p. 216), it is the policy of the
Executive branch to establish a smoke-free environment for Federal
employees and members of the public visiting or using Federal
facilities. The smoking of tobacco products is prohibited in all
interior space owned, rented or leased by the Executive branch of the
Federal Government, and in any outdoor areas under Executive branch
control in front of air intake ducts.
Sec. 102-74.320 Are there any exceptions to this smoking policy for
Federal facilities?
Yes, this smoking policy does not apply in--
(a) Designated smoking areas that are enclosed and exhausted
directly to the outside and away from air intake ducts, and are
maintained under negative pressure (with respect to surrounding spaces)
sufficient to contain tobacco smoke within the designated area. Agency
officials must not require workers to enter such areas during business
hours while smoking is ongoing;
(b) Any residential accommodation for persons voluntarily or
involuntarily residing, on a temporary or long-term basis, in a
building owned, leased or rented by the Federal Government;
(c) Portions of Federally owned buildings leased, rented or
otherwise provided in their entirety to non-Federal parties;
(d) Places of employment in the private sector or in other non-
Federal governmental units that serve as the permanent or intermittent
duty station of one or more Federal employees; and
[[Page 67805]]
(e) Instances where an agency head establishes limited and narrow
exceptions that are necessary to accomplish agency missions. Such
exceptions must be in writing, approved by the agency head, and to the
fullest extent possible provide protection of nonsmokers from exposure
to environmental tobacco smoke. Authority to establish such exceptions
may not be delegated.
Sec. 102-74.325 Who has the responsibility to determine which areas
are to be smoking and which areas are to be nonsmoking areas?
Agency heads have the responsibility to determine which areas are
to be smoking and which areas are to be nonsmoking areas. In exercising
this responsibility, agency heads will give appropriate consideration
to the views of the employees affected and/or their representatives and
are to take into consideration the health issues involved. Nothing in
this section precludes an agency from establishing more stringent
guidelines. Agencies in multi-tenant buildings are encouraged to work
together to identify designated smoking areas.
Sec. 102-74.330 Who must evaluate the need to restrict smoking at
doorways and in courtyards?
Agency heads must evaluate the need to restrict smoking at doorways
and in courtyards under Executive branch control to protect workers and
visitors from environmental tobacco smoke, and may restrict smoking in
these areas in light of this evaluation.
Sec. 102-74.335 Who is responsible for monitoring and controlling
areas designated for smoking and for identifying these areas with
proper signage?
Agency heads are responsible for monitoring and controlling areas
designated for smoking and identifying these areas with proper signage.
Suitable uniform signs reading ``Designated Smoking Area'' must be
furnished and installed by the occupant agency.
Sec. 102-74.340 Who is responsible for signs on or near building
entrance doors?
Federal agency buildings managers must furnish and install
suitable, uniform signs reading ``No Smoking Except in Designated
Areas'' on or near entrance doors of buildings subject to this section.
It is not necessary to display a sign in every room of each building.
Sec. 102-74.345 Does the smoking policy in this part apply to the
Judicial branch?
This smoking policy applies to the Judicial branch when it occupies
space in buildings controlled by the Executive branch. Furthermore, the
Federal Chief Judge in a local jurisdiction may be deemed to be
comparable to an agency head and may establish exceptions for Federal
jurors and others as indicated in Sec. 102-74.320(e).
Sec. 102-74.350 Are agencies required to meet their obligations under
the Federal Service Labor-Management Relations Act where there is an
exclusive representative for the employees prior to implementing this
smoking policy?
Yes. Where there is an exclusive representative for the employees,
Federal agencies must meet their obligations under the Federal Service
Labor-Management Relations Act (5 U.S.C. 7101 et seq.) prior to
implementing this section. In all other cases, agencies may consult
directly with employees.
Accident and Fire Prevention
Sec. 102-74.355 With what accident and fire prevention standards must
Federal facilities comply?
To the maximum extent feasible, Federal agencies must manage
facilities in accordance with the accident and fire prevention
requirements identified in Sec. 102-80.80 of this chapter.
Sec. 102-74.360 What are the specific accident and fire prevention
responsibilities of occupant agencies?
Each occupant agency must--
(a) Participate in at least one fire drill per year;
(b) Maintain a neat and orderly facility to minimize the risk of
accidental injuries and fires;
(c) Keep all exits, accesses to exits and accesses to emergency
equipment clear at all times;
(d) Not bring hazardous, explosive or combustible materials into
buildings unless authorized by appropriate agency officials and by GSA
and unless protective arrangements determined necessary by GSA have
been provided;
(e) Use only draperies, curtains or other hanging materials that
are made of non-combustible or flame-resistant fabric;
(f) Use only freestanding partitions and space dividers that are
limited combustible, and fabric coverings that are flame resistant;
(g) Cooperate with GSA to develop and maintain fire prevention
programs that provide the maximum safety for the occupants;
(h) Train employees to use protective equipment and educate
employees to take appropriate fire safety precautions in their work;
(i) Keep facilities in the safest condition practicable, and
conduct periodic inspections in accordance with Executive Order 12196
and 29 CFR part 1960;
(j) Immediately report accidents involving personal injury or
property damage, which result from building system or maintenance
deficiencies, to the Federal agency building manager; and
(k) Appoint a safety, health and fire protection liaison to
represent the occupant agency with GSA.
Subpart C--Conduct on Federal Property
Applicability
Sec. 102-74.365 To whom does this subpart apply?
The rules in this subpart apply to all property under the authority
of GSA and to all persons entering in or on such property. Each
occupant agency shall be responsible for the observance of these rules
and regulations. Federal agencies must post the notice in the Appendix
to this part at each public entrance to each Federal facility.
Inspection
Sec. 102-74.370 What items are subject to inspection by Federal
agencies?
Federal agencies may, at their discretion, inspect packages,
briefcases and other containers in the immediate possession of
visitors, employees or other persons arriving on, working at, visiting,
or departing from Federal property. Federal agencies may conduct a full
search of a person and the vehicle the person is driving or occupying
upon his or her arrest.
Admission to Property
Sec. 102-74.375 What is the policy on admitting persons to Government
property?
Federal agencies must--
(a) Except as otherwise permitted, close property to the public
during other than normal working hours. In those instances where a
Federal agency has approved the after-normal-working-hours use of
buildings or portions thereof for activities authorized by subpart D of
this part, Federal agencies must not close the property (or affected
portions thereof) to the public;
(b) Close property to the public during working hours only when
situations require this action to provide for the orderly conduct of
Government business. The designated official under the Occupant
Emergency Program may make such decision only after consultation with
the buildings manager and the highest ranking representative of the law
enforcement organization responsible for protection of the
[[Page 67806]]
property or the area. The designated official is defined in Sec. 102-
71.20 of this chapter as the highest ranking official of the primary
occupant agency, or the alternate highest ranking official or designee
selected by mutual agreement by other occupant agency officials; and
(c) When property or a portion thereof is closed to the public,
restrict admission to the property, or the affected portion, to
authorized persons who must register upon entry to the property and
must, when requested, display Government or other identifying
credentials to Federal police officers or other authorized individuals
when entering, leaving or while on the property. Failure to comply with
any of the applicable provisions is a violation of these regulations.
Preservation of Property
Sec. 102-74.380 What is the policy concerning the preservation of
property?
All persons entering in or on Federal property are prohibited
from--
(a) Improperly disposing of rubbish on property;
(b) Willfully destroying or damaging property;
(c) Stealing property;
(d) Creating any hazard on property to persons or things; or
(e) Throwing articles of any kind from or at a building or climbing
upon statues, fountains or any part of the building.
Conformity With Signs and Directions
Sec. 102-74.385 What is the policy concerning conformity with
official signs and directions?
Persons in and on property must at all times comply with official
signs of a prohibitory, regulatory or directory nature and with the
lawful direction of Federal police officers and other authorized
individuals.
Disturbances
Sec. 102-74.390 What is the policy concerning disturbances?
All persons entering in or on Federal property are prohibited from
loitering, exhibiting disorderly conduct or exhibiting other conduct on
property that--
(a) Creates loud or unusual noise or a nuisance;
(b) Unreasonably obstructs the usual use of entrances, foyers,
lobbies, corridors, offices, elevators, stairways, or parking lots;
(c) Otherwise impedes or disrupts the performance of official
duties by Government employees; or
(d) Prevents the general public from obtaining the administrative
services provided on the property in a timely manner.
Gambling
Sec. 102-74.395 What is the policy concerning gambling?
(a) Except for the vending or exchange of chances by licensed blind
operators of vending facilities for any lottery set forth in a State
law and authorized by section 2(a)(5) of the Randolph-Sheppard Act (20
U.S.C. 107 et seq.), all persons entering in or on Federal property are
prohibited from--
(1) Participating in games for money or other personal property;
(2) Operating gambling devices;
(3) Conducting a lottery or pool; or
(4) Selling or purchasing numbers tickets.
(b) This provision is not intended to prohibit prize drawings for
personal property at otherwise permitted functions on Federal property,
provided that the game or drawing does not constitute gambling per se.
Gambling per se means a game of chance where the participant risks
something of value for the chance to gain or win a prize.
Narcotics and Other Drugs
Sec. 102-74.400 What is the policy concerning the possession and use
of narcotics and other drugs?
Except in cases where the drug is being used as prescribed for a
patient by a licensed physician, all persons entering in or on Federal
property are prohibited from--
(a) Being under the influence, using or possessing any narcotic
drugs, hallucinogens, marijuana, barbiturates, or amphetamines; or
(b) Operating a motor vehicle on the property while under the
influence of alcoholic beverages, narcotic drugs, hallucinogens,
marijuana, barbiturates, or amphetamines.
Alcoholic Beverages
Sec. 102-74.405 What is the policy concerning the use of alcoholic
beverages?
Except where the head of the responsible agency or his or her
designee has granted an exemption in writing for the appropriate
official use of alcoholic beverages, all persons entering in or on
Federal property are prohibited from being under the influence or using
alcoholic beverages. The head of the responsible agency or his or her
designee must provide a copy of all exemptions granted to the buildings
manager and the highest ranking representative of the law enforcement
organization, or other authorized officials, responsible for the
security of the property.
Soliciting, Vending and Debt Collection
Sec. 102-74.410 What is the policy concerning soliciting, vending and
debt collection?
All persons entering in or on Federal property are prohibited from
soliciting alms (including money and non-monetary items) or commercial
or political donations, vending merchandise of all kinds, displaying or
distributing commercial advertising, or collecting private debts,
except for--
(a) National or local drives for funds for welfare, health or other
purposes as authorized by 5 CFR part 950, entitled ``Solicitation Of
Federal Civilian And Uniformed Service Personnel For Contributions To
Private Voluntary Organizations,'' and sponsored or approved by the
occupant agencies;
(b) Concessions or personal notices posted by employees on
authorized bulletin boards;
(c) Solicitation of labor organization membership or dues
authorized by occupant agencies under the Civil Service Reform Act of
1978 (Pub. L. 95-454);
(d) Lessee, or its agents and employees, with respect to space
leased for commercial, cultural, educational, or recreational use under
40 U.S.C. 581(h). Public areas of GSA-controlled property may be used
for other activities in accordance with subpart D of this part;
(e) Collection of non-monetary items that are sponsored or approved
by the occupant agencies; and
(f) Commercial activities sponsored by recognized Federal employee
associations and on-site child care centers.
Posting and Distributing Materials
Sec. 102-74.415 What is the policy for posting and distributing
materials?
All persons entering in or on Federal property are prohibited
from--
(a) Distributing free samples of tobacco products in or around
Federal buildings, as mandated by Section 636 of Public Law 104-52;
(b) Posting or affixing materials, such as pamphlets, handbills, or
flyers, on bulletin boards or elsewhere on GSA-controlled property,
except as authorized in Sec. 102-74.410, or when these displays are
conducted as part of authorized Government activities; and
(c) Distributing materials, such as pamphlets, handbills or flyers,
unless conducted as part of authorized Government activities. This
prohibition does not apply to public areas of the property as defined
in Sec. 102-71.20 of this chapter. However, any person or organization
proposing to distribute materials in a public area under this
[[Page 67807]]
section must first obtain a permit from the building manager as
specified in subpart D of this part. Any such person or organization
must distribute materials only in accordance with the provisions of
subpart D of this part. Failure to comply with those provisions is a
violation of these regulations.
Photographs for News, Advertising or Commercial Purposes
Sec. 102-74.420 What is the policy concerning photographs for news,
advertising or commercial purposes?
Except where security regulations, rules, orders, or directives
apply or a Federal court order or rule prohibits it, persons entering
in or on Federal property may take photographs of--
(a) Space occupied by a tenant agency for non-commercial purposes
only with the permission of the occupying agency concerned;
(b) Space occupied by a tenant agency for commercial purposes only
with written permission of an authorized official of the occupying
agency concerned; and
(c) Building entrances, lobbies, foyers, corridors, or auditoriums
for news purposes.
Dogs and Other Animals
Sec. 102-74.425 What is the policy concerning dogs and other animals
on Federal property?
No person may bring dogs or other animals on Federal property for
other than official purposes. However, a disabled person may bring a
seeing-eye dog, a guide dog, or other animal assisting or being trained
to assist that individual.
Breastfeeding
Sec. 102-74.426 May a woman breastfeed her child in a Federal
building or on Federal property?
Yes. Public Law 108-199, Section 629, Division F, Title VI (January
23, 2004), provides that a woman may breastfeed her child at any
location in a Federal building or on Federal property, if the woman and
her child are otherwise authorized to be present at the location.
Vehicular and Pedestrian Traffic
Sec. 102-74.430 What is the policy concerning vehicular and
pedestrian traffic on Federal property?
All vehicle drivers entering or while on Federal property--
(a) Must drive in a careful and safe manner at all times;
(b) Must comply with the signals and directions of Federal police
officers or other authorized individuals;
(c) Must comply with all posted traffic signs;
(d) Must comply with any additional posted traffic directives
approved by the GSA Regional Administrator, which will have the same
force and effect as these regulations;
(e) Are prohibited from blocking entrances, driveways, walks,
loading platforms, or fire hydrants; and
(f) Are prohibited from parking on Federal property without a
permit. Parking without authority, parking in unauthorized locations or
in locations reserved for other persons, or parking contrary to the
direction of posted signs is prohibited. Vehicles parked in violation,
where warning signs are posted, are subject to removal at the owner's
risk and expense. Federal agencies may take as proof that a motor
vehicle was parked in violation of these regulations or directives as
prima facie evidence that the registered owner was responsible for the
violation.
Explosives
Sec. 102-74.435 What is the policy concerning explosives on Federal
property?
No person entering or while on Federal property may carry or
possess explosives, or items intended to be used to fabricate an
explosive or incendiary device, either openly or concealed, except for
official purposes.
Weapons
Sec. 102-74.440 What is the policy concerning weapons on Federal
property?
Federal law prohibits the possession of firearms or other dangerous
weapons in Federal facilities and Federal court facilities by all
persons not specifically authorized by 18 U.S.C. 930. Violators will be
subject to fine and/or imprisonment for periods up to five (5) years.
Nondiscrimination
Sec. 102-74.445 What is the policy concerning discrimination on
Federal property?
Federal agencies must not discriminate by segregation or otherwise
against any person or persons because of race, creed, religion, age,
sex, color, disability, or national origin in furnishing or by refusing
to furnish to such person or persons the use of any facility of a
public nature, including all services, privileges, accommodations, and
activities provided on the property.
Penalties
Sec. 102-74.450 What are the penalties for violating any rule or
regulation in this subpart?
A person found guilty of violating any rule or regulation in this
subpart while on any property under the charge and control of GSA shall
be fined under title 18 of the United States Code, imprisoned for not
more than 30 days, or both.
Impact on Other Laws or Regulations
Sec. 102-74.455 What impact do the rules and regulations in this
subpart have on other laws or regulations?
No rule or regulation in this subpart may be construed to nullify
any other Federal laws or regulations or any State and local laws and
regulations applicable to any area in which the property is situated
(40 U.S.C. 121 (c)).
Subpart D--Occasional Use of Public Buildings
Sec. 102-74.460 What is the scope of this subpart?
This subpart establishes rules and regulations for the occasional
use of public areas of public buildings for cultural, educational and
recreational activities as provided by 40 U.S.C. 581(h)(2).
Application for Permit
Sec. 102-74.465 Is a person or organization that wishes to use a
public area required to apply for a permit from a Federal agency?
Yes, any person or organization wishing to use a public area must
file an application for a permit from the Federal agency buildings
manager.
Sec. 102-74.470 What information must persons or organizations submit
so that Federal agencies may consider their application for a permit?
Applicants must submit the following information:
(a) Their full names, mailing addresses, and telephone numbers.
(b) The organization sponsoring the proposed activity.
(c) The individual(s) responsible for supervising the activity.
(d) Documentation showing that the applicant has authority to
represent the sponsoring organization.
(e) A description of the proposed activity, including the dates and
times during which it is to be conducted and the number of persons to
be involved.
Sec. 102-74.475 If an applicant proposes to use a public area to
solicit funds, is the applicant required to make a certification?
Yes, if an applicant proposes to use a public area to solicit
funds, the applicant must certify, in writing, that--
[[Page 67808]]
(a) The applicant is a representative of and will be soliciting
funds for the sole benefit of a religion or religious group; or
(b) The applicant's organization has received an official ruling of
tax-exempt status from the Internal Revenue Service under 26 U.S.C.
501; or, alternatively, that an application for such a ruling is still
pending.
Permits
Sec. 102-74.480 How many days does a Federal agency have to issue a
permit following receipt of a completed application?
Federal agencies must issue permits within 10 working days
following the receipt of the completed applications, unless the permit
is disapproved in accordance with Sec. 102-74.500.
Sec. 102-74.485 Is there any limitation on the length of time of a
permit?
Yes, a permit may not be issued for a period of time in excess of
30 calendar days, unless specifically approved by the Regional Officer
(as defined in Sec. 102-71.20 of this chapter). After the expiration
of a permit, Federal agencies may issue a new permit upon submission of
a new application. In such a case, applicants may incorporate by
reference all required information filed with the prior application.
Sec. 102-74.490 What if more than one permit is requested for the
same area and time?
Federal agencies will issue permits on a first-come, first-served,
basis when more than one permit is requested for the same area and
times.
Sec. 102-74.495 If a permit involves demonstrations or activities
that may lead to civil disturbances, what action must a Federal agency
take before approving such a permit application?
Before approving a permit application, Federal agencies must
coordinate with their law enforcement organization if a permit involves
demonstrations or activities that may lead to civil disturbances.
Disapproval of Applications or Cancellation of Permits
Sec. 102-74.500 Can Federal agencies disapprove permit applications
or cancel issued permits?
Yes, Federal agencies may disapprove any permit application or
cancel an issued permit if--
(a) The applicant has failed to submit all information required
under Sec. Sec. 102-74.470 and 102-74.475, or has falsified such
information;
(b) The proposed use is a commercial activity as defined in Sec.
102-71.20 of this chapter;
(c) The proposed use interferes with access to the public area,
disrupts official Government business, interferes with approved uses of
the property by tenants or by the public, or damages any property;
(d) The proposed use is intended to influence or impede any pending
judicial proceeding;
(e) The proposed use is obscene within the meaning of obscenity as
defined in 18 U.S.C. 1461-65; or
(f) The proposed use violates the prohibition against political
solicitations in 18 U.S.C. 607.
Sec. 102-74.505 What action must Federal agencies take after
disapproving an application or canceling an issued permit?
Upon disapproving an application or canceling a permit, Federal
agencies must promptly--
(a) Notify the applicant or permittee of the reasons for the
action; and
(b) Inform the applicant or permittee of his/her appeal rights
under Sec. 102-74.510.
Appeals
Sec. 102-74.510 How may the disapproval of a permit application or
cancellation of an issued permit be appealed?
A person or organization may appeal the disapproval of an
application or cancellation of an issued permit by notifying the
Regional Officer (as defined in Sec. 102-71.20 of this chapter), in
writing, of the intent to appeal within 5 calendar days of the
notification of disapproval or cancellation.
Sec. 102-74.515 Will the affected person or organization and the
Federal agency buildings manager have an opportunity to state their
positions on the issues?
Yes, during the appeal process, the affected person or organization
and the Federal agency buildings manager will have an opportunity to
state their positions on the issues, both verbally and in writing.
Sec. 102-74.520 How much time does the Regional Officer have to
affirm or reverse the Federal agency buildings manager's decision after
receiving the notification of appeal from the affected person or
organization?
The Regional Officer must affirm or reverse the Federal agency
buildings manager's decision, based on the information submitted,
within 10 calendar days of the date on which the Regional Officer
received notification of the appeal. If the decision is not rendered
within 10 days, the application will be considered to be approved or
the permit validly issued. The Regional Officer will promptly notify
the applicant or permittee and the buildings manager of the decision
and the reasons therefor.
Schedule of Use
Sec. 102-74.525 May Federal agencies reserve time periods for the use
of public areas for official Government business or for maintenance,
repair and construction?
Yes, Federal agencies may reserve certain time periods for use of
public areas--
(a) For official Government business; or
(b) For maintenance, repair, and construction.
Hours of Use
Sec. 102-74.530 When may public areas be used?
Permittees may use public areas during or after regular working
hours of Federal agencies, provided that such uses will not interfere
with Government business. When public areas are used by permittees
after normal working hours, Federal agencies must lock, barricade or
identify by signs, as appropriate, all adjacent areas not approved for
such use to restrict permittees' activities to approved areas.
Services and Costs
Sec. 102-74.535 What items may Federal agencies provide to permittees
free of charge?
Federal agencies may provide to permittees at no cost--
(a) Space; and
(b) Services normally provided at the building in question during
normal hours of building operation, such as security, cleaning,
heating, ventilation, and air-conditioning. The Regional Officer must
approve an applicant's request to provide its own services, such as
security and cleaning, prior to permit approval.
Sec. 102-74.540 What are the items for which permittees must
reimburse Federal agencies?
Permittees must reimburse Federal agencies for services over and
above those normally provided during normal business hours. Federal
agencies may provide the services free of charge if the cost is
insignificant and if it is in the public interest.
Sec. 102-74.545 May permittees make alterations to the public areas?
Permittees must not make alterations to public areas, except with
the prior written approval of the Federal agency buildings manager.
Federal agencies must not approve such alterations unless the Federal
agency determines that the proposed alterations to a building should be
made to encourage
[[Page 67809]]
and aid in the proposed use. Permittees making alterations must ensure
the safety of users and prevent damage to property.
Sec. 102-74.550 What items are permittees responsible for furnishing?
Permittees are responsible for furnishing items such as tickets,
audio-visual equipment, and other items that are necessary for the
proposed use.
Conduct
Sec. 102-74.555 What rules of conduct must all permittees observe
while on Federal property?
Permittees are subject to all rules and regulations governing
conduct on Federal property as set forth in subpart C of this part. In
addition, a permittee must--
(a) Not misrepresent his or her identity to the public;
(b) Not conduct any activities in a misleading or fraudulent
manner;
(c) Not discriminate on the basis of race, creed, religion, age,
color, disability, sex, or national origin in conducting activities;
(d) Not distribute any item, nor post or otherwise affix any item,
for which prior written approval under Sec. 102-74.415 has not been
obtained;
(e) Not leave leaflets or other materials unattended on the
property;
(f) Not engage in activities that would interfere with the
preferences afforded blind licensees under the Randolph-Sheppard Act
(20 U.S.C. 107); and
(g) Display identification badges while on Federal property, if
engaging in the solicitation of funds as authorized by Sec. 102-
74.475. Each badge must indicate the permittee's name, address,
telephone number, and organization.
Non-affiliation With the Government
Sec. 102-74.560 May Federal agencies advise the public of the
presence of any permittees and their non-affiliation with the Federal
Government?
Yes, Federal agencies reserve the right to advise the public
through signs or announcements of the presence of any permittees and of
their non-affiliation with the Federal Government.
Subpart E--Installing, Repairing, and Replacing Sidewalks
Sec. 102-74.565 What is the scope of this subpart?
In accordance with 40 U.S.C. 589, Federal agencies must comply with
the real property policies in this subpart governing the installation,
repair and replacement of sidewalks around buildings, installations,
properties, or grounds under the control of Executive agencies and
owned by the United States.
Sec. 102-74.570 Are State and local governments required to fund the
cost of installing, repairing, and replacing sidewalks?
No, the Federal Government must fund the cost of installing,
repairing, and replacing sidewalks. Funds appropriated to the agency
for installation, repair, and maintenance, generally, must be available
for expenditure to accomplish the purposes of this subpart.
Sec. 102-74.575 How do Federal agencies arrange for work on
sidewalks?
Upon approval from GSA, Federal agencies may--
(a) Authorize the appropriate State or local government to install,
repair and replace sidewalks, or arrange for this work, and reimburse
them for this work; or
(b) Contract or otherwise arrange and pay directly for installing,
repairing and/or replacing sidewalks.
Sec. 102-74.580 Who decides when to replace a sidewalk?
Federal agencies, giving due consideration to State and local
standards and specifications for sidewalks, decide when to install,
repair or replace a sidewalk. However, Federal agencies may prescribe
other standards and specifications for sidewalks whenever necessary to
achieve architectural harmony and maintain facility security.
Subpart F--Telework
Sec. 102-74.585 What Federal facility telework policy must Executive
agencies follow?
Executive agencies must follow these telework policies:
(a) In accordance with Section 359 of Public Law 106-346, each
Executive agency must establish a policy under which eligible employees
of the agency may participate in telecommuting to the maximum extent
possible without diminished employee performance. Public 106-346 became
effective on October 23, 2000, and required the Director of the Office
of Personnel Management (OPM) to ensure the application and
implementation of Section 359 to 25 percent of the Federal workforce by
April 2001, and to an additional 25 percent of such workforce each year
thereafter. Thus, the law provides that its requirements must be
applied to 100 percent of the Federal workforce by April 2004.
(b) In accordance with 40 U.S.C. 587, when considering whether to
acquire any space, quarters, buildings, or other facilities for use by
employees of any Executive agency, the head of that agency shall
consider whether the need for the facilities can be met using
alternative workplace arrangements.
Sec. 102-74.590 What steps must agencies take to implement these laws
and policies?
(a) As interpreted by OPM Memorandum to agencies (February 9,
2001), Public Law 106-346 instructs Federal agencies to--
(1) Review telework barriers, act to remove them, and increase
actual participation;
(2) Establish eligibility criteria; and
(3) Subject to any applicable agency policies or bargaining
obligations, allow employees who meet the criteria and want to
participate the opportunity if they are satisfactory performers.
(b) 40 U.S.C. 587 requires agencies considering the acquisition of
facilities for use by Federal employees to consider whether the
facility need can be met using alternative workplace arrangements, such
as telecommuting, hoteling, virtual offices, and other distributive
work arrangements. If the agency needs assistance in this investigation
and/or subsequent application of alternative workplace arrangements,
GSA will provide guidance, assistance, and oversight, as needed,
regarding establishment and operation of alternative workplace
arrangements.
(c) Agencies evaluating alternative workplace arrangements should
also make these evaluations in coordination with Integrated Workplace
policies and strategies. See Sec. 102-79.110.
Sec. 102-74.595 How can agencies obtain guidance, assistance, and
oversight regarding alternative workplace arrangements from GSA?
Agencies may request assistance from the GSA/PBS regional office
responsible for providing space in the geographic area under
consideration.
Sec. 102-74.600 Should Federal agencies utilize telework centers?
Yes. In accordance with Public Law 107-217 (August 21, 2002), each
of the following departments and agencies, in each fiscal year, must
make at least $50,000 available from amounts provided for salaries and
expenses for carrying out a flexiplace work telecommuting program
(i.e., to pay telework center program user fees):
(a) Department of Agriculture.
(b) Department of Commerce.
(c) Department of Defense.
(d) Department of Education.
(e) Department of Energy.
[[Page 67810]]
(f) Department of Health and Human Services.
(g) Department of Housing and Urban Development.
(h) Department of the Interior.
(i) Department of Justice.
(j) Department of Labor.
(k) Department of State.
(l) Department of Transportation.
(m) Department of the Treasury.
(n) Department of Veterans Affairs.
(o) Environmental Protection Agency.
(p) General Services Administration.
(q) Office of Personnel Management.
(r) Small Business Administration.
(s) Social Security Administration.
(t) United States Postal Service.
Appendix to Part 102-74--Rules and Regulations Governing Conduct on
Federal Property
Federal Management Regulations
Title 41, Code of Federal Regulations, Part 102-74, Subpart C
Applicability (41 CFR 102-74.365). The rules in this subpart
apply to all property under the authority of the U.S. General
Services Administration and to all persons entering in or on such
property. Each occupant agency shall be responsible for the
observance of these rules and regulations. Federal agencies must
post the notice in the Appendix to part 102-74 at each public
entrance to each Federal facility.
Inspection (41 CFR 102-74.370). Federal agencies may, at their
discretion, inspect packages, briefcases and other containers in the
immediate possession of visitors, employees or other persons
arriving on, working at, visiting, or departing from Federal
property. Federal agencies may conduct a full search of a person and
the vehicle the person is driving or occupying upon his or her
arrest.
Admission to Property (41 CFR 102-74.375). Federal agencies
must--
(a) Except as otherwise permitted, close property to the public
during other than normal working hours. In those instances where a
Federal agency has approved the after-normal-working-hours use of
buildings or portions thereof for activities authorized by subpart D
of this part, Federal agencies must not close the property (or
affected portions thereof) to the public;
(b) Close property to the public during working hours only when
situations require this action to provide for the orderly conduct of
Government business. The designated official under the Occupant
Emergency Program may make such decision only after consultation
with the buildings manager and the highest ranking representative of
the law enforcement organization responsible for protection of the
property or the area. The designated official is defined in Sec.
102-71.20 of this chapter as the highest ranking official of the
primary occupant agency, or the alternate highest ranking official
or designee selected by mutual agreement by other occupant agency
officials; and
(c) When property or a portion thereof is closed to the public,
restrict admission to the property, or the affected portion, to
authorized persons who must register upon entry to the property and
must, when requested, display Government or other identifying
credentials to Federal police officers or other authorized
individuals when entering, leaving or while on the property. Failure
to comply with any of the applicable provisions is a violation of
these regulations.
Preservation of Property (41 CFR 102-74.380). All persons
entering in or on Federal property are prohibited from--
(a) Improperly disposing of rubbish on property;
(b) Willfully destroying or damaging property;
(c) Stealing property;
(d) Creating any hazard on property to persons or things; and
(e) Throwing articles of any kind from or at a building or the
climbing upon statues, fountains or any part of the building.
Conformity with Signs and Directions (41 CFR 102-74.385).
Persons in and on property must at all times comply with official
signs of a prohibitory, regulatory or directory nature and with the
lawful direction of Federal police officers and other authorized
individuals.
Disturbances (41 CFR 102-74.390). All persons entering in or on
Federal property are prohibited from loitering, exhibiting
disorderly conduct or exhibiting other conduct on property that--
(a) Creates loud or unusual noise or a nuisance;
(b) Unreasonably obstructs the usual use of entrances, foyers,
lobbies, corridors, offices, elevators, stairways, or parking lots;
(c) Otherwise impedes or disrupts the performance of official
duties by Government employees; or
(d) Prevents the general public from obtaining the
administrative services provided on the property in a timely manner.
Gambling (41 CFR 102-74.395). Except for the vending or exchange
of chances by licensed blind operators of vending facilities for any
lottery set forth in a State law and authorized by section 2(a)(5)
of the Randolph-Sheppard Act (20 U.S.C. 107 et seq.), all persons
entering in or on Federal property are prohibited from--
(a) Participating in games for money or other personal property;
(b) Operating gambling devices;
(c) Conducting a lottery or pool; or
(d) Selling or purchasing numbers tickets.
Narcotics and Other Drugs (41 CFR 102-74.400). Except in cases
where the drug is being used as prescribed for a patient by a
licensed physician, all persons entering in or on Federal property
are prohibited from--
(a) Being under the influence, using or possessing any narcotic
drugs, hallucinogens, marijuana, barbiturates, or amphetamines; or
(b) Operating a motor vehicle on the property while under the
influence of alcoholic beverages, narcotic drugs, hallucinogens,
marijuana, barbiturates, or amphetamines.
Alcoholic Beverages (41 CFR 102-74.405). Except where the head
of the responsible agency or his or her designee has granted an
exemption in writing for the appropriate official use of alcoholic
beverages, all persons entering in or on Federal property are
prohibited from being under the influence or using alcoholic
beverages. The head of the responsible agency or his or her designee
must provide a copy of all exemptions granted to the buildings
manager and the highest ranking representative of the law
enforcement organization, or other authorized officials, responsible
for the security of the property.
Soliciting, Vending and Debt Collection (41 CFR 102-74.410). All
persons entering in or on Federal property are prohibited from
soliciting alms (including money and non-monetary items) or
commercial or political donations; vending merchandise of all kinds;
displaying or distributing commercial advertising, or collecting
private debts, except for--
(a) National or local drives for funds for welfare, health or
other purposes as authorized by 5 CFR part 950, entitled
``Solicitation of Federal Civilian And Uniformed Service Personnel
For Contributions To Private Voluntary Organizations,'' and
sponsored or approved by the occupant agencies;
(b) Concessions or personal notices posted by employees on
authorized bulletin boards;
(c) Solicitation of labor organization membership or dues
authorized by occupant agencies under the Civil Service Reform Act
of 1978 (Public Law 95-454);
(d) Lessee, or its agents and employees, with respect to space
leased for commercial, cultural, educational, or recreational use
under the Public Buildings Cooperative Use Act of 1976 (40 U.S.C.
581(h)). Public areas of GSA-controlled property may be used for
other activities in accordance with subpart D of this part;
(e) Collection of non-monetary items that are sponsored or
approved by the occupant agencies; and
(f) Commercial activities sponsored by recognized Federal
employee associations and on-site child care centers.
Posting and Distributing Materials (41 CFR 102-74.415). All
persons entering in or on Federal property are prohibited from--
(a) Distributing free samples of tobacco products in or around
Federal buildings, under Public Law 104-52, Section 636;
(b) Posting or affixing materials, such as pamphlets, handbills,
or flyers, on bulletin boards or elsewhere on GSA-controlled
property, except as authorized in Sec. 102-74.410, or when these
displays are conducted as part of authorized Government activities;
and
(c) Distributing materials, such as pamphlets, handbills, or
flyers, unless conducted as part of authorized Government
activities. This prohibition does not apply to public areas of the
property as defined in Sec. 102-71.20 of this chapter. However, any
person or organization proposing to distribute materials in a public
area under this section must first obtain a permit from the building
manager as specified in subpart D of this part. Any such person or
organization must distribute materials only in accordance with the
provisions of subpart D of this part. Failure to comply with those
provisions is a violation of these regulations.
Photographs for News, Advertising, or Commercial Purposes (41
CFR 102-74.420).
[[Page 67811]]
Except where security regulations, rules, orders, or directives
apply or a Federal court order or rule prohibits it, persons
entering in or on Federal property may take photographs of--
(a) Space occupied by a tenant agency for non-commercial
purposes only with the permission of the occupying agency concerned;
(b) Space occupied by a tenant agency for commercial purposes
only with written permission of an authorized official of the
occupying agency concerned; and
(c) Building entrances, lobbies, foyers, corridors, or
auditoriums for news purposes.
Dogs and Other Animals (41 CFR 102-74.425). No person may bring
dogs or other animals on Federal property for other than official
purposes. However, a disabled person may bring a seeing-eye dog, a
guide dog, or other animal assisting or being trained to assist that
individual.
Breastfeeding (41 CFR 102-74.426). Public Law 108-199, Section
629, Division F, Title VI (January 23, 2004), provides that a woman
may breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise
authorized to be present at the location.
Vehicular and Pedestrian Traffic (41 CFR 102-74.430). All
vehicle drivers entering or while on Federal property--
(a) Must drive in a careful and safe manner at all times;
(b) Must comply with the signals and directions of Federal
police officers or other authorized individuals;
(c) Must comply with all posted traffic signs;
(d) Must comply with any additional posted traffic directives
approved by the GSA Regional Administrator, which will have the same
force and effect as these regulations;
(e) Are prohibited from blocking entrances, driveways, walks,
loading platforms, or fire hydrants; and
(f) Are prohibited from parking on Federal property without a
permit. Parking without authority, parking in unauthorized locations
or in locations reserved for other persons, or parking contrary to
the direction of posted signs is prohibited. Vehicles parked in
violation, where warning signs are posted, are subject to removal at
the owner's risk and expense. Federal agencies may take as proof
that a motor vehicle was parked in violation of these regulations or
directives as prima facie evidence that the registered owner was
responsible for the violation.
Explosives (41 CFR 102-74.435). No person entering or while on
property may carry or possess explosives, or items intended to be
used to fabricate an explosive or incendiary device, either openly
or concealed, except for official purposes.
Weapons (41 CFR 102-74.440). Federal law prohibits the
possession of firearms or other dangerous weapons in Federal
facilities and Federal court facilities by all persons not
specifically authorized by Title 18, United States Code, Section
930. Violators will be subject to fine and/or imprisonment for
periods up to five (5) years.
Nondiscrimination (41 CFR 102-74.445). Federal agencies must not
discriminate by segregation or otherwise against any person or
persons because of race, creed, religion, age, sex, color,
disability, or national origin in furnishing or by refusing to
furnish to such person or persons the use of any facility of a
public nature, including all services, privileges, accommodations,
and activities provided on the property.
Penalties (41 CFR 102-74.450). A person found guilty of
violating any rule or regulation in subpart C of this part while on
any property under the charge and control of the U.S. General
Services Administration shall be fined under title 18 of the United
States Code, imprisoned for not more than 30 days, or both.
Impact on Other Laws or Regulations (41 CFR 102-74.455). No rule
or regulation in this subpart may be construed to nullify any other
Federal laws or regulations or any State and local laws and
regulations applicable to any area in which the property is situated
(40 U.S.C. 121 (c)).
Warning--Weapons Prohibited
Federal law prohibits the possession of firearms or other
dangerous weapons in Federal facilities and Federal court facilities
by all persons not specifically authorized by Title 18, United
States Code, Section 930. Violators will be subject to fine and/or
imprisonment for periods up to five (5) years.
0
5. Revise part 102-75 to read as follows:
PART 102-75--REAL PROPERTY DISPOSAL
Subpart A--General Provisions
Sec.
102-76.5 What is the scope of this part?
102-75.10 What basic real property disposal policy governs disposal
agencies?
Real Property Disposal Services
102-75.15 What real property disposal services must disposal
agencies provide under a delegation of authority from GSA?
102-75.20 How can Federal agencies with independent disposal
authority obtain related disposal services?
Subpart B--Utilization of Excess Real Property
102-75.25 What are landholding agencies' responsibilities concerning
the utilization of excess property?
102-75.30 What are disposal agencies' responsibilities concerning
the utilization of excess property?
102-75.35 [Reserved]
Standards
102-75.40 What are the standards that each Executive agency must use
to identify unneeded Federal real property?
102-75.45 What does the term ``Not utilized'' mean?
102-75.50 What does the term ``Underutilized'' mean?
102-75.55 What does the term ``Not being put to optimum use'' mean?
Guidelines
102-75.60 What are landholding agencies' responsibilities concerning
real property surveys?
102-75.65 Why is it important for Executive agencies to notify the
disposal agency of its real property needs?
102-75.70 Are their any exceptions to this notification policy?
102-75.75 What is the most important consideration in evaluating a
proposed transfer of excess real property?
102-75.80 What are an Executive agency's responsibilities before
requesting a transfer of excess real property?
102-75.85 Can disposal agencies transfer excess real property to
agencies for programs that appear to be scheduled for substantial
curtailment or termination?
102-75.90 How is excess real property needed for office, storage,
and related purposes normally transferred to the requesting agency?
102-75.95 Can Federal agencies that normally do not require real
property (other than for office, storage, and related purposes) or
that may not have statutory authority to acquire such property,
obtain the use of excess real property?
Land Withdrawn or Reserved From the Public Domain
102-75.100 When an agency holds land withdrawn or reserved from the
public domain and determines that it no longer needs this land, what
must it do?
102-75.105 What responsibility does the Department of the Interior
have if it determines that minerals in the land are unsuitable for
disposition under the public land mining and mineral leasing laws?
Transfers Under Other Laws
102-75.110 Can transfers of real property be made under authority of
laws other than those codified in Title 40 of the United States
Code?
Reporting of Excess Real Property
102-75.115 Must reports of excess real property and related personal
property be prepared on specific forms?
102-75.120 Is there any other information that needs to accompany
(or be submitted with) the Report of Excess Real Property (Standard
Form 118)?
Title Report
102-75.125 What information must agencies include in the title
report?
102-75.130 If hazardous substance activity took place on the
property, what specific information must an agency include on the
title report?
102-75.135 If no hazardous substance activity took place on the
property, what specific information must an agency include in the
title report?
Other Necessary Information
102-75.140 In addition to the title report, and all necessary
environmental information and certifications, what information must
an Executive agency transmit with the Report of Excess Real Property
(Standard Form 118)?
[[Page 67812]]
Examination for Acceptability
102-75.145 Is GSA required to review each report of excess?
102-75.150 What happens when GSA determines that the report of
excess is adequate?
102-75.155 What happens if GSA determines that the report of excess
is insufficient?
Designation as Personal Property
102-75.160 Should prefabricated movable structures be designated
real or personal property for disposition purposes?
102-75.165 Should related personal property be designated real or
personal property for disposition purposes?
102-75.170 What happens to the related personal property in a
structure scheduled for demolition?
Transfers
102-75.175 What are GSA's responsibilities regarding transfer
requests?
102-75.180 May landholding agencies transfer excess real property
without notifying GSA?
102-75.185 In those instances where landholding agencies may
transfer excess real property without notifying GSA, which policies
must they follow?
102-75.190 What amount must the transferee agency pay for the
transfer of excess real property?
102-75.195 If the transferor agency is a wholly owned Government
corporation, what amount must the transferee agency pay?
102-75.200 What amount must the transferee agency pay if property is
being transferred for the purpose of upgrading the transferee
agency's facilities?
102-75.205 Are transfers ever made without reimbursement by the
transferee agency?
102-75.210 What must a transferee agency include in its request for
an exception from the 100 percent reimbursement requirement?
102-75.215 Who must endorse requests for exception to the 100
percent reimbursement requirement?
102-75.220 Where should an agency send a request for exception to
the 100 percent reimbursement requirement?
102-75.225 Who must review and approve a request for exception from
the 100 percent reimbursement requirement?
102-75.230 Who is responsible for property protection and
maintenance costs while the request for exception is being reviewed?
102-75.235 May disposal agencies transfer excess property to the
Senate, the House of Representatives, and the Architect of the
Capitol?
Temporary Utilization
102-75.240 May excess real property be temporarily assigned/
reassigned?
Non-Federal Interim Use of Excess Property
102-75.245 When can landholding agencies grant rights for non-
Federal interim use of excess property reported to GSA?
Subpart C--Surplus Real Property Disposal
102-75.250 What general policy must the disposal agency follow
concerning the disposal of surplus property?
102-75.255 What are disposal agencies' specific responsibilities
concerning the disposal of surplus property?
102-75.260 When may the disposal agency dispose of surplus real
property by exchange for privately owned property?
102-75.265 Are conveyance documents required to identify all
agreements and representations concerning property restrictions and
conditions?
Applicability of Antitrust Laws
102-75.270 Must antitrust laws be considered when disposing of
property?
102-75.275 Who determines whether the proposed disposal would create
or maintain a situation inconsistent with antitrust laws?
102-75.280 What information concerning a proposed disposal must a
disposal agency provide to the Attorney General to determine the
applicability of antitrust laws?
102-75.285 Can a disposal agency dispose of real property to a
private interest specified in Sec. 102-75.270 before advice is
received from the Attorney General?
Disposals Under Other Laws
102-75.290 Can disposals of real property be made under authority of
laws other than Chapter 5 of Subtitle I of Title 40 of the United
States Code?
Credit Disposals
102-75.295 What is the policy on extending credit in connection with
the disposal of surplus property?
Designation of Disposal Agencies
102-75.296 When may a landholding agency other than GSA be the
disposal agency for real and related personal property?
102-75.297 Are there any exceptions to when landholding agencies may
serve as the disposal agency?
102-75.298 Can agencies request that GSA be the disposal agency for
real property and real property interests described in Sec. 102-
75.296?
102-75.299 What are landholding agencies' responsibilities if GSA
conducts the disposal?
Appraisal
102-75.300 Are appraisals required for all real property disposal
transactions?
102-75.305 What type of appraisal value must be obtained for real
property disposal transactions?
102-75.310 Who must agencies use to appraise the real property?
102-75.315 Are appraisers authorized to consider the effect of
historic covenants on the fair market value?
102-75.320 Does appraisal information need to be kept confidential?
Inspection
102-75.325 What responsibility does the landholding agency have to
provide persons the opportunity to inspect available surplus
property?
Submission of Offers To Purchase or Lease
102-75.330 What form must all offers to purchase or lease be in?
Provisions Relating to Asbestos
102-75.335 Where asbestos is identified, what information must the
disposal agency incorporate into the offer to purchase and the
conveyance document?
Provisions Relating to Hazardous Substance Activity
102-75.340 Where hazardous substance activity has been identified on
property proposed for disposal, what information must the disposal
agency incorporate into the offer to purchase and the conveyance
document?
102-75.345 What is different about the statements in the offer to
purchase and conveyance document if the sale is to a potentially
responsible party with respect to the hazardous substance activity?
Public Benefit Conveyances
102-75.350 What are disposal agencies' responsibilities concerning
public benefit conveyances?
102-75.351 May the disposal agency waive screening for public
benefit conveyances?
102-75.355 What clause must be in the offer to purchase and the
conveyance documents for public benefit conveyances?
102-75.360 What wording must be in the non-discrimination clause
that is required in the offer to purchase and the conveyance
document?
Power Transmission Lines
102-75.365 Do disposal agencies have to notify State entities and
Government agencies that a surplus power transmission line and
right-of-way is available?
102-75.370 May a State, or any political subdivision thereof,
certify to a disposal agency that it needs a surplus power
transmission line and the right-of-way acquired for its construction
to meet the requirements of a public or cooperative power project?
102-75.375 What happens once a State, or political subdivision,
certifies that it needs a surplus power transmission line and the
right-of-way acquired for its construction to meet the requirements
of a public or cooperative power project?
102-75.380 May power transmission lines and rights-of-way be
disposed of in other ways?
Property for Public Airports
102-75.385 Do disposal agencies have the responsibility to notify
eligible public agencies that airport property has been determined
to be surplus?
102-75.390 What does the term ``surplus airport property'' mean?
102-75.395 May surplus airport property be conveyed or disposed of
to a State, political subdivision, municipality, or
[[Page 67813]]
tax-supported institution for a public airport?
102-75.400 Is industrial property located on an airport also
considered to be ``airport property''?
102-75.405 What responsibilities does the Federal Aviation
Administration (FAA) have after receiving a copy of the notice (and
a copy of the Report of Excess Real Property (Standard Form 118))
given to eligible public agencies that there is surplus airport
property?
102-75.410 What action must the disposal agency take after an
eligible public agency has submitted a plan of use and application
to acquire property for a public airport?
102-75.415 What happens after the disposal agency receives the FAA's
recommendation for disposal of the property for a public airport?
102-75.420 What happens if the FAA informs the disposal agency that
it does not recommend disposal of the property for a public airport?
102-75.425 Who has sole responsibility for enforcing compliance with
the terms and conditions of disposal for property disposed of for
use as a public airport?
102-75.430 What happens if property conveyed for use as a public
airport is revested in the United States?
102-75.435 Does the Airport and Airway Development Act of 1970, as
amended (Airport Act of 1970) apply to the transfer of airports to
State and local agencies?
Property for Use as Historic Monuments
102-75.440 Who must disposal agencies notify that surplus property
is available for historic monument use?
102-75.445 Who can convey surplus real and related personal property
for historic monument use?
102-75.450 What type of property is suitable or desirable for use as
a historic monument?
102-75.455 May historic monuments be used for revenue-producing
activities?
102-75.460 What information must disposal agencies furnish eligible
public agencies?
102-75.465 What information must eligible public agencies interested
in acquiring real property for use as a historic monument submit to
the appropriate regional or field offices of the National Park
Service (NPS) of the Department of the Interior (DOI)?
102-75.470 What action must NPS take after an eligible public agency
has submitted an application for conveyance of surplus property for
use as a historic monument?
102-75.475 What happens after the disposal agency receives the
Secretary of the Interior's determination for disposal of the
surplus property for a historic monument and compatible revenue-
producing activities?
102-75.480 Who has the responsibility for enforcing compliance with
the terms and conditions of disposal for surplus property conveyed
for use as a historic monument?
102-75.485 What happens if property that was conveyed for use as a
historic monument is revested in the United States?
Property for Educational and Public Health Purposes
102-75.490 Who must notify eligible public agencies that surplus
real property for educational and public health purposes is
available?
102-75.495 May the Department of Education (ED) or the Department of
Health and Human Services (HHS) notify nonprofit organizations that
surplus real property and related personal property is available for
educational and public health purposes?
102-75.500 Which Federal agencies may the head of the disposal
agency (or his or her designee) assign for disposal surplus real
property to be used for educational and public health purposes?
102-75.505 Is the request for educational or public health use of a
property by an eligible nonprofit institution contingent upon the
disposal agency's approval?
102-75.510 When must the Department of Education and the Department
of Health and Human Services notify the disposal agency that an
eligible applicant is interested in acquiring the property?
102-75.515 What action must the disposal agency take after an
eligible public agency has submitted a plan of use for property for
an educational or public health requirement?
102-75.520 What must the Department of Education or the Department
of Health and Human Services address in the assignment
recommendation that is submitted to the disposal agency?
102-75.525 What responsibilities do landholding agencies have
concerning properties to be used for educational and public health
purposes?
102-75.530 What happens if the Department of Education or the
Department of Health and Human Services does not approve any
applications for conveyance of the property for educational or
public health purposes?
102-75.535 What responsibilities does the Department of Education or
the Department of Health and Human Services have after receiving the
disposal agency's assignment letter?
102-75.540 Who is responsible for enforcing compliance with the
terms and conditions of the transfer for educational or public
health purposes?
102-75.545 What happens if property that was transferred to meet an
educational or public health requirement is revested in the United
States for noncompliance with the terms of sale, or other cause?
Property for Providing Self-Help Housing or Housing Assistance
102-75.550 What does ``self-help housing or housing assistance''
mean?
102-75.555 Which Federal agency receives the property assigned for
self-help housing or housing assistance for low-income individuals
or families?
102-75.560 Who notifies eligible public agencies that real property
to be used for self-help housing or housing assistance purposes is
available?
102-75.565 Is the requirement for self-help housing or housing
assistance use of the property by an eligible public agency or
nonprofit organization contingent upon the disposal agency's
approval of an assignment recommendation from the Department of
Housing and Urban Development (HUD)?
102-75.570 What happens if the disposal agency does not approve the
assignment recommendation?
102-75.575 Who notifies nonprofit organizations that surplus real
property and related personal property to be used for self-help
housing or housing assistance purposes is available?
102-75.580 When must HUD notify the disposal agency that an eligible
applicant is interested in acquiring the property?
102-75.585 What action must the disposal agency take after an
eligible public agency has submitted a plan of use for property for
a self-help housing or housing assistance requirement?
102-75.590 What does the assignment recommendation contain?
102-75.595 What responsibilities do landholding agencies have
concerning properties to be used for self-help housing or housing
assistance use?
102-75.600 What happens if HUD does not approve any applications for
self-help housing or housing assistance use?
102-75.605 What responsibilities does HUD have after receiving the
disposal agency's assignment letter?
102-75.610 Who is responsible for enforcing compliance with the
terms and conditions of the transfer of the property for self-help
housing or housing assistance use?
102-75.615 Who is responsible for enforcing compliance with the
terms and conditions of property transferred under section 414(a) of
the 1969 HUD Act?
102-75.620 What happens if property that was transferred to meet a
self-help housing or housing assistance use requirement is found to
be in noncompliance with the terms of sale?
Property for Use as Public Park or Recreation Areas
102-75.625 Which Federal agency is assigned surplus real property
for public park or recreation purposes?
102-75.630 Who must disposal agencies notify that real property for
public park or recreation purposes is available?
102-75.635 What information must the Department of the Interior
(DOI) furnish eligible public agencies?
102-75.640 When must DOI notify the disposal agency that an eligible
applicant is interested in acquiring the property?
102-75.645 What responsibilities do landholding agencies have
concerning properties to be used for public park or recreation
purposes?
102-75.650 When must DOI request assignment of the property?
102-75.655 What does the assignment recommendation contain?
[[Page 67814]]
102-75.660 What happens if DOI does not approve any applications or
does not submit an assignment recommendation?
102-75.665 What happens after the disposal agency receives the
assignment recommendation from DOI?
102-75.670 What responsibilities does DOI have after receiving the
disposal agency's assignment letter?
102-75.675 What responsibilities does the grantee or recipient of
the property have in accomplishing or completing the transfer?
102-75.680 What information must be included in the deed of
conveyance of any surplus property transferred for public park or
recreation purposes?
102-75.685 Who is responsible for enforcing compliance with the
terms and conditions of the transfer of property used for public
park or recreation purposes?
102-75.690 What happens if property that was transferred for use as
a public park or recreation area is revested in the United States by
reason of noncompliance with the terms or conditions of disposal, or
for other cause?
Property for Displaced Persons
102-75.695 Who can receive surplus real property for the purpose of
providing replacement housing for persons who are to be displaced by
Federal or Federally assisted projects?
102-75.700 Which Federal agencies may solicit applications from
eligible State agencies interested in acquiring the property to
provide replacement housing for persons being displaced by Federal
or Federally assisted projects?
102-75.705 When must the Federal agency notify the disposal agency
that an eligible State agency is interested in acquiring the
property under section 218?
102-75.710 What responsibilities do landholding and disposal
agencies have concerning properties used for providing replacement
housing for persons who will be displaced by Federal or Federally
assisted projects?
102-75.715 When can a Federal agency request transfer of the
property to the selected State agency?
102-75.720 Is there a specific or preferred format for the transfer
request and who should receive it?
102-75.725 What does the transfer request contain?
102-75.730 What happens if a Federal agency does not submit a
transfer request to the disposal agency for property to be used for
replacement housing for persons who will be displaced by Federal or
Federally assisted projects?
102-75.735 What happens after the disposal agency receives the
transfer request from the Federal agency?
102-75.740 Does the State agency have any responsibilities in
helping to accomplish the transfer of the property?
102-75.745 What happens if the property transfer request is not
approved by the disposal agency?
Property for Correctional Facility, Law Enforcement, or Emergency
Management Response Purposes
102-75.750 Who is eligible to receive surplus real and related
personal property for correctional facility, law enforcement, or
emergency management response purposes?
102-75.755 Which Federal agencies must the disposal agency notify
concerning the availability of surplus properties for correctional
facility, law enforcement, or emergency management response
purposes?
102-75.760 Who must the Office of Justice Programs (OJP) and the
Federal Emergency Management Agency (FEMA) notify that surplus real
property is available for correctional facility, law enforcement, or
emergency management response purposes?
102-75.765 What does the term ``law enforcement'' mean?
102-75.770 Is the disposal agency required to approve a
determination by the Department of Justice (DOJ) that identifies
surplus property for correctional facility use or for law
enforcement use?
102-75.775 Is the disposal agency required to approve a
determination by FEMA that identifies surplus property for emergency
management response use?
102-75.780 When must DOJ or FEMA notify the disposal agency that an
eligible applicant is interested in acquiring the property?
102-75.785 What specifically must DOJ or FEMA address in the
assignment request or recommendation that is submitted to the
disposal agency?
102-75.790 What responsibilities do landholding agencies and
disposal agencies have concerning properties to be used for
correctional facility, law enforcement, or emergency management
response purposes?
102-75.795 What happens after the disposal agency receives the
assignment request by DOJ or FEMA?
102-75.800 What information must be included in the deed of
conveyance?
102-75.805 Who is responsible for enforcing compliance with the
terms and conditions of the transfer of the property used for
correctional facility, law enforcement, or emergency management
response purposes?
102-75.810 What responsibilities do OJP or FEMA have if they
discover any information indicating a change in use of a transferred
property?
102-75.815 What happens if property conveyed for correctional
facility, law enforcement, or emergency management response purposes
is found to be in noncompliance with the terms of the conveyance
documents?
Property for Port Facility Use
102-75.820 Which Federal agency is eligible to receive surplus real
and related personal property for the development or operation of a
port facility?
102-75.825 Who must the disposal agency notify when surplus real and
related personal property is available for port facility use?
102-75.830 What does the surplus notice contain?
102-75.835 When must DOT notify the disposal agency that an eligible
applicant is interested in acquiring the property?
102-75.840 What action must the disposal agency take after an
eligible public agency has submitted a plan of use for and an
application to acquire a port facility property?
102-75.845 What must DOT address in the assignment recommendation
submitted to the disposal agency?
102-75.850 What responsibilities do landholding agencies have
concerning properties to be used in the development or operation of
a port facility?
102-75.855 What happens if DOT does not submit an assignment
recommendation?
102-75.860 What happens after the disposal agency receives the
assignment recommendation from DOT?
102-75.865 What responsibilities does DOT have after receiving the
disposal agency's assignment letter?
102-75.870 Who is responsible for enforcing compliance with the
terms and conditions of the port facility conveyance?
102-75.875 What happens in the case of repossession by the United
States under a reversion of title for noncompliance with the terms
or conditions of conveyance?
Negotiated Sales
102-75.880 When may Executive agencies conduct negotiated sales?
102-75.885 What are the disposal agency's responsibilities
concerning negotiated sales?
102-75.890 What clause must be in the offer to purchase and
conveyance documents for negotiated sales to public agencies?
102-75.895 What wording must generally be in the excess profits
clause that is required in the offer to purchase and in the
conveyance document?
102-75.900 What is a negotiated sale for economic development
purposes?
Explanatory Statements for Negotiated Sales
102-75.905 When must the disposal agency prepare an explanatory
statement?
102-75.910 Are there any exceptions to this policy of preparing
explanatory statements?
102-75.915 Do disposal agencies need to retain a copy of the
explanatory statement?
102-75.920 Where is the explanatory statement sent?
102-75.925 Is GSA required to furnish the disposal agency with the
explanatory statement's transmittal letter sent to Congress?
102-75.930 What happens if there is no objection by an appropriate
committee or subcommittee of Congress concerning the proposed
negotiated sale?
Public Sales
102-75.935 What are disposal agencies' responsibilities concerning
public sales?
[[Page 67815]]
Disposing of Easements
102-75.936 When can an agency dispose of an easement?
102-75.937 Can an easement be released or disposed of at no cost?
102-75.938 May the easement and the land that benefited from the
easement (dominant estate) be disposed of separately?
Granting Easements
102-75.939 When can agencies grant easements?
102-75.940 Can agencies grant easements at no cost?
102-75.941 Does an agency retain responsibility for the easement?
102-75.942 What must agencies consider when granting easements?
102-75.943 What happens if granting an easement will reduce the
value of the property?
Non-Federal Interim Use of Surplus Property
102-75.944 Can landholding agencies outlease surplus real property
for non-Federal interim use?
Subpart D--Management of Excess and Surplus Real Property
102-75.945 What is GSA's policy concerning the physical care,
handling, protection, and maintenance of excess and surplus real
property and related personal property?
Taxes and Other Obligations
102-75.950 Who has the responsibility for paying property-related
obligations pending transfer or disposal of the property?
Decontamination
102-75.955 Who is responsible for decontaminating excess and surplus
real property?
Improvements or Alterations
102-75.960 May landholding agencies make improvements or alterations
to excess or surplus property in those cases where disposal is
otherwise not feasible?
Protection and Maintenance
102-75.965 Who must perform the protection and maintenance of excess
and surplus real property pending transfer to another Federal agency
or disposal?
102-75.970 How long is the landholding agency responsible for the
expense of protection and maintenance of excess and surplus real
property pending its transfer or disposal?
102-75.975 What happens if the property is not conveyed or disposed
of during this time frame?
102-75.980 Who is responsible for protection and maintenance
expenses if there is no written agreement or no Congressional
appropriation to the disposal agency?
Assistance in Disposition
102-75.985 Is the landholding agency required to assist the disposal
agency in the disposition process?
Subpart E--Abandonment, Destruction, or Donation to Public Bodies
102-75.990 May Federal agencies abandon, destroy, or donate to
public bodies real property?
Dangerous Property
102-75.995 May Federal agencies dispose of dangerous property?
Determinations
102-75.1000 How is the decision made to abandon, destroy, or donate
property?
102-75.1005 Who can make the determination within the Federal agency
on whether a property can be abandoned, destroyed, or donated?
102-75.1010 When is a reviewing authority required to approve the
determination concerning a property that is to be abandoned,
destroyed, or donated?
Restrictions
102-75.1015 Are there any restrictions on Federal agencies
concerning property donations to public bodies?
Disposal Costs
102-75.1020 Are public bodies ever required to pay the disposal
costs associated with donated property?
Abandonment and Destruction
102-75.1025 When can a Federal agency abandon or destroy
improvements on land or related personal property in lieu of
donating it to a public body?
102-75.1030 May Federal agencies abandon or destroy property in any
manner they decide?
102-75.1035 Are there any restrictions on Federal agencies
concerning the abandonment or destruction of improvements on land or
related personal property?
102-75.1040 May Federal agencies abandon or destroy improvements on
land or related personal property before public notice is given of
such proposed abandonment or destruction?
102-75.1045 Are there exceptions to the policy that requires public
notice be given before Federal agencies abandon or destroy
improvements on land or related personal property?
102-75.1050 Is there any property for which this subpart does not
apply?
Subpart F--Delegations
Delegation to the Department of Defense (DoD)
102-75.1055 What is the policy governing delegations of real
property disposal authority to the Secretary of Defense?
102-75.1060 What must the Secretary of Defense do before determining
that DoD-controlled excess real property and related personal
property is not required for the needs of any Federal agency and
prior to disposal?
102-75.1065 When using a delegation of real property disposal
authority under this subpart, is DoD required to report excess
property to GSA?
102-75.1070 Can this delegation of authority to the Secretary of
Defense be redelegated?
Delegation to the Department of Agriculture (USDA)
102-75.1075 What is the policy governing delegations of real
property disposal authority to the Secretary of Agriculture?
102-75.1080 What must the Secretary of Agriculture do before
determining that USDA-controlled excess real property and related
personal property is not required for the needs of any Federal
agency and prior to disposal?
102-75.1085 When using a delegation of real property disposal
authority under this subpart, is the USDA required to report excess
property to GSA?
102-75.1090 Can this delegation of authority to the Secretary of
Agriculture be redelegated?
Delegation to the Department of the Interior
102-75.1095 What is the policy governing delegations of authority to
the Secretary of the Interior?
102-75.1100 Can this delegation of authority to the Secretary of the
Interior be redelegated?
102-75.1105 What other responsibilities does the Secretary of the
Interior have under this delegation of authority?
Native American-Related Delegations
102-75.1110 What is the policy governing delegations of authority to
the Secretary of the Interior, the Secretary of Health and Human
Services, and the Secretary of Education for property used in the
administration of any Native American-related functions?
102-75.1115 Are there any limitations or restrictions on this
delegation of authority?
102-75.1120 Does the property have to be Federally screened?
102-75.1125 Can the transfer/retransfer under this delegation be at
no cost or without consideration?
102-75.1130 What action must the Secretary requesting the transfer
take where funds were not programmed and appropriated for
acquisition of the property?
102-75.1135 May this delegation of authority to the Secretary of the
Interior, the Secretary of Health and Human Services, and the
Secretary of Education be redelegated?
Subpart G--Conditional Gifts of Real Property to Further the Defense
Effort
102-75.1140 What is the policy governing the acceptance or rejection
of a conditional gift of real property for a particular defense
purpose?
102-75.1145 What action must the Federal agency receiving an offer
of a conditional gift take?
102-75.1150 What happens to the gift if GSA determines it to be
acceptable?
102-75.1155 May an acceptable gift of property be converted to
money?
[[Page 67816]]
Subpart H--Use of Federal Real Property to Assist the Homeless
Definitions
102-75.1160 What definitions apply to this subpart?
Applicability
102-75.1165 What is the applicability of this subpart?
Collecting the Information
102-75.1170 How will information be collected?
Suitability Determination
102-75.1175 Who issues the suitability determination?
Real Property Reported Excess to GSA
102-75.1180 For the purposes of this subpart, what is the policy
concerning real property reported excess to GSA?
Suitability Criteria
102-75.1185 What are suitability criteria?
Determination of Availability
102-75.1190 What is the policy concerning determination of
availability statements?
Public Notice of Determination
102-75.1195 What is the policy concerning making public the notice
of determination?
Application Process
102-75.1200 How may representatives of the homeless apply for the
use of properties to assist the homeless?
Action on Approved Applications
102-75.1205 What action must be taken on approved applications?
Unsuitable Properties
102-75.1210 What action must be taken on properties determined
unsuitable for homeless assistance?
No Applications Approved
102-75.1215 What action must be taken if there is no expression of
interest?
Subpart I--Screening Excess Federal Real Property
102-75.1220 How do landholding agencies find out if excess Federal
real property is available?
102-75.1225 What details are provided in the ``Notice of
Availability''?
102-75.1230 How long does an agency have to indicate its interest in
the property?
102-75.1235 Where should an agency send its written response to the
``Notice of Availability''?
102-75.1240 Who, from the interested landholding agency, should
submit the written response to GSA's ``Notice of Availability''?
102-75.1245 What happens after the landholding agency properly
responds to a ``Notice of Availability''?
102-75.1250 What if the agency is not quite sure it wants the
property and needs more time to decide?
102-75.1255 What happens when more than one agency has a valid
interest in the property?
102-75.1260 Does GSA conduct Federal screening on every property
reported as excess real property?
102-75.1265 Are extensions granted to the Federal screening and
response timeframes?
102-75.1270 How does an agency request a transfer of Federal real
property?
102-75.1275 Does a requesting agency have to pay for excess real
property?
102-75.1280 What happens if the property has already been declared
surplus and an agency discovers a need for it?
102-75.1285 How does GSA transfer excess real property to the
requesting agency?
102-75.1290 What happens if the landholding agency requesting the
property does not promptly accept custody and accountability?
Authority: 40 U.S.C. 121(c), 521-523, 541-559; E.O. 12512, 50
FR 18453, 3 CFR, 1985 Comp., p. 340.
Subpart A--General Provisions
Sec. 102-75.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including GSA's Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services. Federal agencies with authority to dispose of real property
under Subchapter III of Chapter 5 of Title 40 of the United States Code
will be referred to as ``disposal agencies'' in this part. Except in
rare instances where GSA delegates disposal authority to a Federal
agency, the ``disposal agency'' as used in this part refers to GSA.
Sec. 102-75.10 What basic real property disposal policy governs
disposal agencies?
Disposal agencies must provide, in a timely, efficient, and cost
effective manner, the full range of real estate services necessary to
support their real property utilization and disposal needs. Landholding
agencies must survey the real property under their custody or control
to identify property that is not utilized, underutilized, or not being
put to optimum use. Disposal agencies must have adequate procedures in
place to promote the effective utilization and disposal of such real
property.
Real Property Disposal Services
Sec. 102-75.15 What real property disposal services must agencies
provide under a delegation of authority from GSA?
Disposal agencies must provide real property disposal services for
real property assets under their custody and control, such as the
utilization of excess property, surveys, and the disposal of surplus
property, which includes public benefit conveyances, negotiated sales,
public sales, related disposal services, and appraisals.
Sec. 102-75.20 How can Federal agencies with independent disposal
authority obtain related disposal services?
Federal agencies with independent disposal authority are encouraged
to obtain utilization, disposal, and related services from those
agencies with expertise in real property disposal, such as GSA, as
allowed by 31 U.S.C. 1535 (the Economy Act), so that they can remain
focused on their core mission.
Subpart B--Utilization of Excess Real Property
Sec. 102-75.25 What are landholding agencies' responsibilities
concerning the utilization of excess property?
Landholding agencies' responsibilities concerning the utilization
of excess property are to--
(a) Achieve maximum use of their real property, in terms of economy
and efficiency, to minimize expenditures for the purchase of real
property;
(b) Increase the identification and reporting of their excess real
property; and
(c) Fulfill its needs for real property, so far as practicable, by
utilization of real property determined excess by other agencies,
pursuant to the provision of this part, before it purchases non-Federal
real property.
Sec. 102-75.30 What are disposal agencies' responsibilities
concerning the utilization of excess property?
Disposal agencies' responsibilities concerning the utilization of
excess property are to--
(a) Provide for the transfer of excess real property among Federal
agencies, to mixed-ownership Government corporations, and to the
municipal government of the District of Columbia; and
(b) Resolve conflicting requests for transferring real property
that the involved agencies cannot resolve.
Sec. 102-75.35 [Reserved]
Standards
Sec. 102-75.40 What are the standards that each Executive agency must
use to identify unneeded Federal real property?
Each Executive agency must identify unneeded Federal property using
the following standards:
(a) Not utilized.
(b) Underutilized.
(c) Not being put to optimum use.
[[Page 67817]]
Sec. 102-75.45 What does the term ``Not utilized'' mean?
Not utilized means an entire property or portion thereof, with or
without improvements, not occupied for current program purposes of the
accountable Executive agency, or occupied in caretaker status only.
Sec. 102-75.50 What does the term ``Underutilized'' mean?
Underutilized means an entire property or portion thereof, with or
without improvements, which is used--
(a) Irregularly or intermittently by the accountable Executive
agency for current program purposes of that agency; or
(b) For current program purposes that can be satisfied with only a
portion of the property.
Sec. 102-75.55 What does the term ``Not being put to optimum use''
mean?
Not being put to optimum use means an entire property or portion
thereof, with or without improvements, which--
(a) Even though used for current program purposes, the nature,
value, or location of the property is such that it could be utilized
for a different and significantly higher and better purpose; or
(b) The costs of occupying are substantially higher than other
suitable properties that could be made available through transfer,
purchase, or lease with total net savings to the Government, after
considering property values, costs of moving, occupancy, operational
efficiency, environmental effects, regional planning, and employee
morale.
Guidelines
Sec. 102-75.60 What are landholding agencies' responsibilities
concerning real property surveys?
A landholding agency's responsibilities concerning real property
utilization surveys are to--
(a) Survey real property under its control (i.e., property reported
on its financial statements) at least annually to identify property
that is not utilized, underutilized, or not being put to optimum use.
When other needs for the property are identified or recognized, the
agency must determine whether continuation of the current use or
another use would better serve the public interest, considering both
the Federal agency's needs and the property's location. In conducting
annual reviews of their property holdings, the GSA Customer Guide to
Real Property Disposal can provide guidelines for Executive agencies to
consider in identifying unneeded Federal real property;
(b) Maintain its inventory of real property at the absolute minimum
consistent with economical and efficient conduct of the affairs of the
agency; and
(c) Promptly report to GSA real property that it has determined to
be excess.
Sec. 102-75.65 Why is it important for Executive agencies to notify
the disposal agency of its real property needs?
It is important that each Executive agency notify the disposal
agency of its real property needs to determine whether the excess or
surplus property of another agency is available that would meet its
need and prevent the unnecessary purchase or lease of real property.
Sec. 102-75.70 Are there any exceptions to this notification policy?
Yes, Executive agencies are not required to notify the disposal
agency when an agency's proposed acquisition of real property is
dictated by such factors as exact geographical location, topography,
engineering, or similar characteristics that limit the possible use of
other available property. For example, Executive agencies are not
required to notify disposal agencies concerning the acquisition of real
property for a dam site, reservoir area, or the construction of a
generating plant or a substation, since specific lands are needed,
which limit the possible use of other available property. Therefore, no
useful purpose would be served by notifying the disposal agency.
Sec. 102-75.75 What is the most important consideration in evaluating
a proposed transfer of excess real property?
In every case of a proposed transfer of excess real property, the
most important consideration is the validity and appropriateness of the
requirement upon which the proposal is based. Also, a proposed transfer
must not establish a new program that has never been reflected in any
previous budget submission or congressional action. Additionally, a
proposed transfer must not substantially increase the level of an
agency's existing programs beyond that which has been contemplated in
the President's budget or by the Congress.
(Note: See Subpart I--Screening of Excess Federal Real Property
(Sec. Sec. 102-75.1220 through 102-75.1290) for information on
screening and transfer requests.)
Sec. 102-75.80 What are an Executive agency's responsibilities before
requesting a transfer of excess real property?
Before requesting a transfer of excess real property, an Executive
agency must--
(a) Screen its own property holdings to determine whether the new
requirement can be met through improved utilization of existing real
property; however, the utilization must be for purposes that are
consistent with the highest and best use of the property under
consideration;
(b) Review all real property under its accountability that has been
permitted or outleased and terminate the permit or lease for any
property, or portion thereof, suitable for the proposed need, if
termination is not prohibited by the terms of the permit or lease;
(c) Utilize property that is or can be made available under Sec.
102-75.80(a) or (b) for the proposed need in lieu of requesting a
transfer of excess real property and reassign the property, when
appropriate;
(d) Confirm that the appraised fair market value of the excess real
property proposed for transfer will not substantially exceed the
probable purchase price of other real property that would be suitable
for the intended purpose;
(e) Limit the size and quantity of excess real property to be
transferred to the actual requirements and separate, if possible, other
portions of the excess installation for possible disposal to other
agencies or to the public; and
(f) Consider the design, layout, geographic location, age, state of
repair, and expected maintenance costs of excess real property proposed
for transfer; agencies must be able to demonstrate that the transfer
will be more economical over a sustained period of time than the
acquisition of a new facility specifically planned for the purpose.
Sec. 102-75.85 Can disposal agencies transfer excess real property to
agencies for programs that appear to be scheduled for substantial
curtailment or termination?
Yes, but only on a temporary basis with the condition that the
property will be released for further Federal utilization or disposal
as surplus property at an agreed upon time when the transfer is
arranged.
Sec. 102-75.90 How is excess real property needed for office,
storage, and related purposes normally transferred to the requesting
agency?
GSA may temporarily assign or direct the use of such excess real
property to the requesting agency. See Sec. 102-75.240.
[[Page 67818]]
Sec. 102-75.95 Can Federal agencies that normally do not require real
property (other than for office, storage, and related purposes) or that
may not have statutory authority to acquire such property, obtain the
use of excess real property?
Yes, GSA can authorize the use of excess real property for an
approved program. See Sec. 102-75.240.
Land Withdrawn or Reserved From the Public Domain
Sec. 102-75.100 When an agency holds land withdrawn or reserved from
the public domain and determines that it no longer needs this land,
what must it do?
An agency holding unneeded land withdrawn or reserved from the
public domain must submit to the appropriate GSA Regional Office a
Report of Excess Real Property (Standard Form 118), with appropriate
Schedules A, B, and C, only when--
(a) It has filed a notice of intention to relinquish with the
Department of the Interior (43 CFR part 2372 et seq.) and sent a copy
of the notice to the appropriate GSA Regional Office;
(b) The Department of the Interior has notified the agency that the
Secretary of the Interior has determined that the lands are not
suitable for return to the public domain for disposition under the
general public land laws because the lands are substantially changed in
character by improvements or otherwise; and
(c) The Department of the Interior provides a report identifying
whether or not any other agency claims primary, joint, or secondary
jurisdiction over the lands and whether its records show that the lands
are encumbered by rights or privileges under the public land laws.
Sec. 102-75.105 What responsibility does the Department of the
Interior have if it determines that minerals in the land are unsuitable
for disposition under the public land mining and mineral leasing laws?
In such cases, the Department of the Interior must--
(a) Notify the appropriate GSA Regional Office of such a
determination; and
(b) Authorize the landholding agency to identify in the Standard
Form 118 any minerals in the land that the Department of the Interior
determines to be unsuitable for disposition under the public land
mining and mineral leasing laws.
Transfers Under Other Laws
Sec. 102-75.110 Can transfers of real property be made under
authority of laws other than those codified in Title 40 of the United
States Code?
Yes, the provisions of this section shall not apply to transfers of
real property authorized to be made by 40 U.S.C. 113(e) or by any
special statute that directs or requires an Executive agency to
transfer or convey specifically described real property in accordance
with the provisions of that statute. Transfers of real property must be
made only under the authority of Title 40 of the United States Code,
unless the independent authority granted to such agency specifically
exempts the authority from the requirements of Title 40.
Reporting of Excess Real Property
Sec. 102-75.115 Must reports of excess real property and related
personal property be prepared on specific forms?
Yes, landholding agencies must prepare reports of excess real
property and related personal property on--
(a) Standard Form 118, Report of Excess Real Property, and
accompanying Standard Form 118a, Buildings Structures, Utilities, and
Miscellaneous Facilities, Schedule A;
(b) Standard Form 118b, Land, Schedule B; and
(c) Standard Form 118c, Related Personal Property, Schedule C.
Sec. 102-75.120 Is there any other information that needs to
accompany (or be submitted with) the Report of Excess Real Property
(Standard Form 118)?
Yes, in all cases where Government-owned land is reported excess,
Executive agencies must include a title report, prepared or approved by
a qualified employee of the landholding agency, documenting the
Government's title to the property.
Title Report
Sec. 102-75.125 What information must agencies include in the title
report?
When completing the title report, agencies must include--
(a) The description of the property;
(b) The date title vested in the United States;
(c) All exceptions, reservations, conditions, and restrictions,
relating to the title;
(d) Detailed information concerning any action, thing, or
circumstance that occurred from the date the United States acquired the
property to the date of the report that in any way affected or may have
affected the United States' right, title, or interest in and to the
real property (including copies of legal comments or opinions
discussing the manner in which and the extent to which such right,
title, or interest may have been affected). In the absence of any such
action, thing, or circumstance, a statement to that effect must be made
a part of the report;
(e) The status of civil and criminal jurisdiction over the land
that is peculiar to the property by reason of it being Government-owned
land. In the absence of any special circumstances, a statement to that
effect must be made a part of the report;
(f) Detailed information regarding any known flood hazards or
flooding of the property, and, if the property is located in a flood-
plain or on wetlands, a listing of restricted uses (along with the
citations) identified in Federal, State, or local regulations as
required by Executive Orders 11988 and 11990 of May 24, 1977;
(g) The specific identification and description of fixtures and
related personal property that have possible historic or artistic
value;
(h) The historical significance of the property and whether the
property is listed, is eligible for, or has been nominated for listing
in the National Register of Historic Places or is in proximity to a
property listed in the National Register. If the landholding agency is
aware of any effort by the public to have the property listed in the
National Register, it must also include this information;
(i) A description of the type, location, and condition of asbestos
incorporated in the construction, repair, or alteration of any building
or improvement on the property (e.g., fire-proofing, pipe insulation,
etc.) and a description of any asbestos control measures taken for the
property. Agencies must also provide to GSA any available indication of
costs and/or time necessary to remove all or any portion of the
asbestos-containing materials. Agencies are not required to conduct any
specific studies and/or tests to obtain this information. (The
provisions of this subpart do not apply to asbestos on Federal property
that is subject to section 120(h) of the Superfund Amendments and
Reauthorization Act of 1986, Public Law 99-499);
(j) A statement indicating whether or not lead-based paint is
present on the property. Additionally, if the property is target
housing (all housing except housing for the elderly or persons with
disabilities or any zero bedroom dwelling) constructed prior to 1978,
provide a risk assessment and paint inspection report that details all
lead-based paint hazards; and
(k) A statement indicating whether or not, during the time the
property was owned by the United States, any hazardous substance
activity, as defined by regulations issued by the U.S. Environmental
Protection Agency (EPA) at 40 CFR part 373, took place on the property.
Hazardous substance activity
[[Page 67819]]
includes situations where any hazardous substance was stored for one
year or more, known to have been released, or disposed of on the
property. Agencies reporting such property must review the regulations
issued by EPA at 40 CFR part 373 for details on the information
required and must comply with these requirements. In addition, agencies
reporting such property shall review and comply with the regulations
for the utilization and disposal of hazardous materials and certain
categories of property set forth at 41 CFR part 101-42.
Sec. 102-75.130 If hazardous substance activity took place on the
property, what specific information must an agency include in the title
report?
If hazardous substance activity took place on the property, the
reporting agency must include information on the type and quantity of
such hazardous substance and the time at which such storage, release,
or disposal took place. The reporting agency must also advise the
disposal agency if all remedial action necessary to protect human
health and the environment with respect to any such hazardous substance
activity was taken before the date the property was reported excess. If
such action was not taken, the reporting agency must advise the
disposal agency when such action will be completed or how the agency
expects to comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) in the disposal. See
Sec. Sec. 102-75.340 and 102-75.345.
Sec. 102-75.135 If no hazardous substance activity took place on the
property, what specific information must an agency include in the title
report?
If no hazardous substance activity took place, the reporting agency
must include the following statement:
The (reporting agency) has determined, in accordance with
regulations issued by EPA at 40 CFR part 373, that there is no
evidence indicating that hazardous substance activity took place on
the property during the time the property was owned by the United
States.
Other Necessary Information
Sec. 102-75.140 In addition to the title report, and all necessary
environmental information and certifications, what information must an
Executive agency transmit with the Report of Excess Real Property
(Standard Form 118)?
Executive agencies must provide--
(a) A legible, reproducible copy of all instruments in possession
of the agency that affect the United States' right, title, or interest
in the property reported or the use and operation of such property
(including agreements covering and licenses to use, any patents,
processes, techniques, or inventions). If it is impracticable to
transmit the abstracts of title and related title evidence, agencies
must provide the name and address of the custodian of such documents in
the title report referred to in Sec. 102-75.120;
(b) Any appraisal reports indicating or providing the fair market
value or the fair annual rental of the property, if requested by the
disposal agency; and
(c) A certification by a responsible person that the property does
or does not contain polychlorinated biphenyl (PCB) transformers or
other equipment regulated by EPA under 40 CFR part 761, if requested by
the disposal agency. If the property does contain any equipment subject
to EPA regulation under 40 CFR part 761, the certification must include
the landholding agency's assurance that each piece of equipment is now
and will continue to be in compliance with the EPA regulations until
disposal of the property.
Examination for Acceptability
Sec. 102-75.145 Is GSA required to review each report of excess?
Yes, GSA must review each report of excess to ascertain whether the
report was prepared according to the provisions of this part. GSA must
notify the landholding agency, in writing, whether the report is
acceptable or other information is needed within 15 calendar days after
receipt of the report.
Sec. 102-75.150 What happens when GSA determines that the report of
excess is adequate?
When GSA determines that a report is adequate, GSA will accept the
report and inform the landholding agency of the acceptance date.
However, the landholding agency must, upon request, promptly furnish
any additional information or documents relating to the property
required by GSA to accomplish a transfer or a disposal.
Sec. 102-75.155 What happens if GSA determines that the report of
excess is insufficient?
Where GSA determines that a report is insufficient, GSA will return
the report and inform the landholding agency of the facts and
circumstances that make the report insufficient. The landholding agency
must promptly take appropriate action to submit an acceptable report to
GSA. If the landholding agency is unable to submit an acceptable
report, the property will no longer be considered as excess property
and the disposal agency will cease activity for the disposal of the
property. However, GSA may accept the report of excess on a conditional
basis and identify what deficiencies in the report must be corrected in
order for the report to gain full acceptance.
Designation as Personal Property
Sec. 102-75.160 Should prefabricated movable structures be designated
real or personal property for disposition purposes?
Prefabricated movable structures such as Butler-type storage
warehouses, Quonset huts, and house trailers (with or without
undercarriages) reported to GSA along with the land on which they are
located may, at GSA's discretion, be designated for disposition as
personal property for off-site use or as real property for disposal
with the land.
Sec. 102-75.165 Should related personal property be designated real
or personal property for disposition purposes?
Related personal property may, at the disposal agency's discretion,
be designated as personal property for disposal purposes. However, for
fine artwork and sculptures, GSA's policy is that artwork specifically
created for a Federal building is considered as a fixture of the
building. This also applies to sculptures created for a Federal
building or a public park. Disposal agencies must follow the policies
and guidance for disposal of artwork and sculptures developed by the
GSA Office of the Chief Architect, Center for Design Excellence and the
Arts, and the Bulletin dated March 26, 1934, entitled ``Legal Title to
Works Produced under the Public Works of Art Project.''
Sec. 102-75.170 What happens to the related personal property in a
structure scheduled for demolition?
When a structure is to be demolished, any fixtures or related
personal property therein may, at the disposal agency's discretion, be
designated for disposition as personal property where a ready
disposition can be made of these items. As indicated in Sec. 102-
75.165, particular consideration should be given to designating items
having possible historical or artistic value as personal property.
Transfers
Sec. 102-75.175 What are GSA's responsibilities regarding transfer
requests?
Before property can be transferred among Federal agencies, to
mixed-ownership Government corporations, and to the municipal
government of the District of Columbia, GSA must determine that--
(a) The transfer is in the best interest of the Government;
[[Page 67820]]
(b) The requesting agency is the appropriate agency to hold the
property; and
(c) The proposed land use will maximize use of the real property,
in terms of economy and efficiency, to minimize expenditures for the
purchase of real property.
(Note: See Subpart I--Screening of Excess Federal Real Property
(Sec. Sec. 102-75.1220 through 102-75.1290) for information on
screening and transfer requests.)
Sec. 102-75.180 May landholding agencies transfer excess real
property without notifying GSA?
Landholding agencies may, without notifying GSA, transfer excess
real property that they use, occupy, or control under a lease, permit,
license, easement, or similar instrument when--
(a) The lease or other instrument is subject to termination by the
grantor or owner of the premises within nine months;
(b) The remaining term of the lease or other instrument, including
renewal rights, will provide for less than nine months of use and
occupancy; or
(c) The lease or other instrument provides for use and occupancy of
space for office, storage, and related facilities, which does not
exceed a total of 2,500 square feet.
Sec. 102-75.185 In those instances where landholding agencies may
transfer excess real property without notifying GSA, which policies
must they follow?
In those instances, landholding agencies must transfer property
following the policies in this subpart.
Sec. 102-75.190 What amount must the transferee agency pay for the
transfer of excess real property?
The transferee agency must pay an amount equal to the property's
fair market value (determined by the Administrator)--
(a) Where the transferor agency has requested the net proceeds of
the transfer pursuant to 40 U.S.C. 574; or
(b) Where either the transferor or transferee agency (or
organizational unit affected) is subject to the Government Corporation
Control Act (31 U.S.C. 841), is a mixed-ownership Government
corporation, or the municipal government of the District of Columbia.
Sec. 102-75.195 If the transferor agency is a wholly owned Government
corporation, what amount must the transferee agency pay?
As may be agreed upon by GSA and the corporation, the transferee
agency must pay an amount equal to--
(a) The estimated fair market value of the property; or
(b) The corporation's book value of the property.
Sec. 102-75.200 What amount must the transferee agency pay if
property is being transferred for the purpose of upgrading the
transferee agency's facilities?
Where the transfer is for the purpose of upgrading facilities
(i.e., for the purpose of replacing other property of the transferee
agency, which because of the location, nature, or condition thereof, is
less efficient for use), the transferee must pay an amount equal to the
difference between the fair market value of the property to be replaced
and the fair market value of the property requested, as determined by
the Administrator.
Sec. 102-75.205 Are transfers ever made without reimbursement by the
transferee agency?
Transfers may be made without reimbursement by the transferee
agency only if--
(a) Congress has specifically authorized the transfer without
reimbursement, or
(b) The Administrator, with the approval of the Director of the
Office of Management and Budget (OMB), has approved a request for an
exception from the 100 percent reimbursement requirement.
Sec. 102-75.210 What must a transferee agency include in its request
for an exception from the 100 percent reimbursement requirement?
The request must include an explanation of how granting the
exception would further essential agency program objectives and at the
same time be consistent with Executive Order 12512, Federal Real
Property Management, dated April 29, 1985. The transferee agency must
attach the explanation to the Request for Transfer of Excess Real and
Related Personal Property (GSA Form 1334) prior to submitting the form
to GSA. The unavailability of funds alone is not sufficient to justify
an exception.
Sec. 102-75.215 Who must endorse requests for exception to the 100
percent reimbursement requirement?
Agency heads must endorse requests for exceptions to the 100
percent reimbursement requirement.
Sec. 102-75.220 Where should an agency send a request for exception
to the 100 percent reimbursement requirement?
Agencies must submit all requests for exception from the 100
percent reimbursement requirement to the appropriate GSA regional
property disposal office.
Sec. 102-75.225 Who must review and approve a request for exception
from the 100 percent reimbursement requirement?
The Administrator must review all requests for exception from the
100 percent reimbursement requirement. If the Administrator approves
the request, it is then submitted to OMB for final concurrence. If OMB
approves the request, then GSA may complete the transfer.
Sec. 102-75.230 Who is responsible for property protection and
maintenance costs while the request for exception is being reviewed?
The agency requesting the property will assume responsibility for
protection and maintenance costs not more than 40 days from the date of
the Administrator's letter to OMB requesting concurrence for an
exception to the 100 percent reimbursement requirement. If the request
is denied, the requesting agency may pay the fair market value for the
property or withdraw its request. If the request is withdrawn,
responsibility for protection and maintenance cost will return to the
landholding agency at that time.
Sec. 102-75.235 May disposal agencies transfer excess property to the
Senate, the House of Representatives, and the Architect of the Capitol?
Yes, disposal agencies may transfer excess property to the Senate,
the House of Representatives, and the Architect of the Capitol and any
activities under his or her direction, pursuant to the provisions of 40
U.S.C. 113(d). The amount of reimbursement for such transfer must be
the same as would be required for a transfer of excess property to an
Executive agency under similar circumstances.
Temporary Utilization
Sec. 102-75.240 May excess real property be temporarily assigned/
reassigned?
Yes, whenever GSA determines that it is more advantageous to assign
property temporarily rather than permanently, it may do so. If the
space is for office, storage, or related facilities, GSA will determine
the length of the assignment/reassignment. Agencies are required to
reimburse the landholding agency (or GSA, if GSA has become responsible
for seeking an appropriation for protection and maintenance expenses)
(see Sec. 102-75.970) for protection and maintenance expenses. GSA may
also temporarily assign/reassign excess real property for uses other
than storage, office or related facilities. In such cases, the agency
receiving the temporary assignment may be required to pay a rental or
users charge based upon the fair market value of the property, as
determined by GSA.
[[Page 67821]]
If the property will be required by the agency for a period of more
than 1 year, it may be transferred on a conditional basis, with an
understanding that the property will be reported excess at an agreed
upon time (see Sec. 102-75.85). The requesting agency is responsible
for protection and maintenance expenses.
Non-Federal Interim Use of Excess Property
Sec. 102-75.245 When can landholding agencies grant rights for non-
Federal interim use of excess property reported to GSA?
Landholding agencies, upon approval from GSA, may grant rights for
non-Federal interim use of excess property reported to GSA, when it is
determined that such excess property is not required for the needs of
any Federal agency and when the interim use will not impair the ability
to dispose of the property.
Subpart C--Surplus Real Property Disposal
Sec. 102-75.250 What general policy must the disposal agency follow
concerning the disposal of surplus property?
The disposal agency must dispose of surplus real property--
(a) In the most economical manner consistent with the best
interests of the Government; and
(b) Ordinarily for cash, consistent with the best interests of the
Government.
Sec. 102-75.255 What are disposal agencies' specific responsibilities
concerning the disposal of surplus property?
The disposal agency must determine that there is no further Federal
need or requirement for the excess real property and the property is
surplus to the needs of the Federal Government. After reaching this
determination, the disposal agency must expeditiously make the surplus
property available for acquisition by State and local governmental
units and non-profit institutions (see Sec. 102-75.350) or for sale by
public advertising, negotiation, or other disposal action. The disposal
agency must consider the availability of real property for public
purposes on a case-by-case basis, based on highest and best use and
estimated fair market value. Where hazardous substance activity is
identified, see Sec. Sec. 102-75.340 and 102-75.345 for required
information that the disposal agency must incorporate into the offer to
purchase and conveyance document.
Sec. 102-75.260 When may the disposal agency dispose of surplus real
property by exchange for privately owned property?
The disposal agency may dispose of surplus real property by
exchange for privately owned property for property management
considerations such as boundary realignment or for providing access.
The disposal agency may also dispose of surplus real property by
exchange for privately owned property where authorized by law, when the
requesting Federal agency receives approval from the Office of
Management and Budget and the appropriate oversight committees, and
where the transaction offers substantial economic or unique program
advantages not otherwise obtainable by any other acquisition method.
Sec. 102-75.265 Are conveyance documents required to identify all
agreements and representations concerning property restrictions and
conditions?
Yes, conveyance documents must identify all agreements and
representations concerning restrictions and conditions affecting the
property's future use, maintenance, or transfer.
Applicability of Antitrust Laws
Sec. 102-75.270 Must antitrust laws be considered when disposing of
property?
Yes, antitrust laws must be considered in any case in which there
is contemplated a disposal to any private interest of--
(a) Real and related personal property that has an estimated fair
market value of $3 million or more; or
(b) Patents, processes, techniques, or inventions, irrespective of
cost.
Sec. 102-75.275 Who determines whether the proposed disposal would
create or maintain a situation inconsistent with antitrust laws?
The Attorney General determines whether the proposed disposal would
create or maintain a situation inconsistent with antitrust laws.
Sec. 102-75.280 What information concerning a proposed disposal must
a disposal agency provide to the Attorney General to determine the
applicability of antitrust laws?
The disposal agency must promptly provide the Attorney General with
notice of any such proposed disposal and the probable terms or
conditions, as required by 40 U.S.C. 559. If notice is given by any
disposal agency other than GSA, a copy of the notice must also be
provided simultaneously to the GSA Regional Office in which the
property is located. Upon request, a disposal agency must furnish
information that the Attorney General believes to be necessary in
determining whether the proposed disposition or any other disposition
of surplus real property violates or would violate any of the antitrust
laws.
Sec. 102-75.285 Can a disposal agency dispose of real property to a
private interest specified in Sec. 102-75.270 before advice is
received from the Attorney General?
No, advice from the Attorney General must be received before
disposing of real property.
Disposals Under Other Laws
Sec. 102-75.290 Can disposals of real property be made under
authority of laws other than Chapter 5 of Subtitle I of Title 40 of the
United States Code?
Except for disposals specifically authorized by special
legislation, disposals of real property must be made only under the
authority of Chapter 5 of Subtitle I of Title 40 of the United States
Code. However, the Administrator of General Services can evaluate, on a
case-by-case basis, the disposal provisions of any other law to
determine consistency with the authority conferred by Title 40. The
provisions of this section do not apply to disposals of real property
authorized to be made by 40 U.S.C. 113 or by any special statute that
directs or requires an Executive agency named in the law to transfer or
convey specifically described real property in accordance with the
provisions of that statute.
Credit Disposals
Sec. 102-75.295 What is the policy on extending credit in connection
with the disposal of surplus property?
The disposal agency--
(a) May extend credit in connection with any disposal of surplus
property when it determines that credit terms are necessary to avoid
reducing the salability of the property and potential obtainable price
and, when below market rates are extended, confer with the Office of
Management and Budget to determine if the Federal Credit Reform Act of
1990 is applicable to the transaction;
(b) Must administer and manage the credit disposal and any related
security;
(c) May enforce, adjust, or settle any right of the Government with
respect to extending credit in a manner and with terms that are in the
best interests of the Government; and
(d) Must include provisions in the conveyance documents that
obligate the purchaser, where a sale is made upon credit, to obtain the
disposal agency's prior written approval before reselling or leasing
the property. The purchaser's credit obligations to the United States
must be fulfilled before the disposal
[[Page 67822]]
agency may approve the resale of the property.
Designation of Disposal Agencies
Sec. 102-75.296 When may a landholding agency other than GSA be the
disposal agency for real and related personal property?
A landholding agency may be the disposal agency for real and
related personal property when--
(a) The agency has statutory authority to dispose of real and
related personal property;
(b) The agency has delegated authority from GSA to dispose of real
and related personal property; or
(c) The agency is disposing of--
(1) Leases, licenses, permits, easements, and other similar real
estate interests held by agencies in non-Government-owned real
property;
(2) Government-owned improvements, including fixtures, structures,
and other improvements of any kind as long as the underlying land is
not being disposed; or
(3) Standing timber, embedded gravel, sand, stone, and underground
water, without the underlying land.
Sec. 102-75.297 Are there any exceptions to when landholding agencies
can serve as the disposal agency?
Yes, landholding agencies may not serve as the disposal agency
when--
(a) Either the landholding agency or GSA determines that the
Government's best interests are served by disposing of leases,
licenses, permits, easements and similar real estate interests together
with other property owned or controlled by the Government that has been
or will be reported to GSA, or
(b) Government-owned machinery and equipment being used by a
contractor-operator will be sold to a contractor-operator.
Sec. 102-75.298 Can agencies request that GSA be the disposal agency
for real property and real property interests described in Sec. 102-
75.296?
Yes. If requested, GSA, at its discretion, may be the disposal
agency for such real property and real property interests.
Sec. 102-75.299 What are landholding agencies' responsibilities if
GSA conducts the disposal?
Landholding agencies are and remain responsible for all rental/
lease payments until the lease expires or is terminated. Landholding
agencies are responsible for paying any restoration or other direct
costs incurred by the Government associated with termination of a
lease, and for paying any demolition and removal costs not offset by
the sale of the property. (See also Sec. 102-75.965.)
Appraisal
Sec. 102-75.300 Are appraisals required for all real property
disposal transactions?
Generally, yes, appraisals are required for all real property
disposal transactions, except when--
(a) An appraisal will serve no useful purpose ( e.g., legislation
authorizes conveyance without monetary consideration or at a fixed
price). This exception does not apply to negotiated sales to public
agencies intending to use the property for a public purpose not covered
by any of the special disposal provisions in subpart C of this part; or
(b) The estimated fair market value of property to be offered on a
competitive sale basis does not exceed $300,000.
Sec. 102-75.305 What type of appraisal value must be obtained for
real property disposal transactions?
For all real property transactions requiring appraisals, agencies
must obtain, as appropriate, an appraisal of either the fair market
value or the fair annual rental value of the property available for
disposal.
Sec. 102-75.310 Who must agencies use to appraise the real property?
Agencies must use only experienced and qualified real estate
appraisers familiar with the types of property to be appraised when
conducting the appraisal. When an appraisal is required for negotiation
purposes, the same standard applies. However, agencies may authorize
other methods of obtaining an estimate of the fair market value or the
fair annual rental when the cost of obtaining that data from a contract
appraiser would be out of proportion to the expected recoverable value
of the property.
Sec. 102-75.315 Are appraisers authorized to consider the effect of
historic covenants on the fair market value?
Yes, appraisers are authorized to consider the effect of historic
covenants on the fair market value, if the property is in or eligible
for listing in the National Register of Historic Places.
Sec. 102-75.320 Does appraisal information need to be kept
confidential?
Yes, appraisals, appraisal reports, appraisal analyses, and other
pre-decisional appraisal documents are confidential and can only be
used by authorized Government personnel who can substantiate the need
to know this information. Appraisal information must not be divulged
prior to the delivery and acceptance of the deed. Any persons engaged
to collect or evaluate appraisal information must certify that--
(a) They have no direct or indirect interest in the property; and
(b) The report was prepared and submitted without bias or
influence.
Inspection
Sec. 102-75.325 What responsibility does the landholding agency have
to provide persons the opportunity to inspect available surplus
property?
Landholding agencies should provide all persons interested in
acquiring available surplus property with the opportunity to make a
complete inspection of the property, including any available inventory
records, plans, specifications, and engineering reports that relate to
the property. These inspections are subject to any necessary national
security restrictions and are subject to the disposal agency's rules.
(See Sec. Sec. 102-75.335 and 102-75.985.)
Submission of Offers To Purchase or Lease
Sec. 102-75.330 What form must all offers to purchase or lease be in?
All offers to purchase or lease must be in writing, accompanied by
any required earnest money deposit, using the form prescribed by the
disposal agency. In addition to the financial terms upon which the
offer is predicated, the offer must set forth the willingness of the
offeror to abide by the terms, conditions, reservations, and
restrictions upon which the property is offered, and must contain such
other information as the disposal agency may request.
Provisions Relating to Asbestos
Sec. 102-75.335 Where asbestos is identified, what information must
the disposal agency incorporate into the offer to purchase and the
conveyance document?
Where the existence of asbestos on the property has been brought to
the attention of the disposal agency by the Report of Excess Real
Property (Standard Form 118) information provided (see Sec. 102-
75.125), the disposal agency must incorporate this information (less
any cost or time estimates to remove the asbestos-containing materials)
into any offer to purchase and conveyance document and include the
following wording:
Notice of the Presence of Asbestos--Warning!
(a) The Purchaser is warned that the property offered for sale
contains asbestos-containing materials. Unprotected or unregulated
exposures to asbestos in product manufacturing, shipyard, and
building construction workplaces have been associated with asbestos-
related diseases. Both the U.S. Occupational Safety and Health
Administration (OSHA) and the U.S. Environmental Protection Agency
(EPA)
[[Page 67823]]
regulate asbestos because of the potential hazards associated with
exposure to airborne asbestos fibers. Both OSHA and EPA have
determined that such exposure increases the risk of asbestos-related
diseases, which include certain cancers and which can result in
disability or death.
(b) Bidders (offerors) are invited, urged and cautioned to
inspect the property to be sold prior to submitting a bid (offer).
More particularly, bidders (offerors) are invited, urged and
cautioned to inspect the property as to its asbestos content and
condition and any hazardous or environmental conditions relating
thereto. The disposal agency will assist bidders (offerors) in
obtaining any authorization(s) that may be required in order to
carry out any such inspection(s). Bidders (offerors) shall be deemed
to have relied solely on their own judgment in assessing the overall
condition of all or any portion of the property including, without
limitation, any asbestos hazards or concerns.
(c) No warranties either express or implied are given with
regard to the condition of the property including, without
limitation, whether the property does or does not contain asbestos
or is or is not safe for a particular purpose. The failure of any
bidder (offeror) to inspect, or to be fully informed as to the
condition of all or any portion of the property offered, will not
constitute grounds for any claim or demand for adjustment or
withdrawal of a bid or offer after its opening or tender.
(d) The description of the property set forth in the Invitation
for Bids (Offer to Purchase) and any other information provided
therein with respect to said property is based on the best
information available to the disposal agency and is believed to be
correct, but an error or omission, including, but not limited to,
the omission of any information available to the agency having
custody over the property and/or any other Federal agency, shall not
constitute grounds or reason for nonperformance of the contract of
sale, or any claim by the Purchaser against the Government
including, without limitation, any claim for allowance, refund, or
deduction from the purchase price.
(e) The Government assumes no liability for damages for personal
injury, illness, disability, or death, to the Purchaser, or to the
Purchaser's successors, assigns, employees, invitees, or any other
person subject to Purchaser's control or direction, or to any other
person, including members of the general public, arising from or
incident to the purchase, transportation, removal, handling, use,
disposition, or other activity causing or leading to contact of any
kind whatsoever with asbestos on the property that is the subject of
this sale, whether the Purchaser, its successors or assigns has or
have properly warned or failed properly to warn the individual(s)
injured.
(f) The Purchaser further agrees that, in its use and occupancy
of the property, it will comply with all Federal, State, and local
laws relating to asbestos.
Provisions Relating to Hazardous Substance Activity
Sec. 102-75.340 Where hazardous substance activity has been
identified on property proposed for disposal, what information must the
disposal agency incorporate into the offer to purchase and the
conveyance document?
Where the existence of hazardous substance activity has been
brought to the attention of the disposal agency by the Report of Excess
Real Property (Standard Form 118) information provided (see Sec. Sec.
102-75.125 and 102-75.130), the disposal agency must incorporate this
information into any offer to purchase and conveyance document. In any
offer to purchase and conveyance document, disposal agencies,
generally, must also address the following (specific recommended
language that addresses the following issues can be found in the GSA
Customer Guide to Real Property Disposal):
(a) Notice of all hazardous substance activity identified as a
result of a complete search of agency records by the landholding
agency.
(b) A statement, certified by a responsible landholding agency
official in the Report of Excess Real Property, that all remedial
actions necessary to protect human health and the environment with
regard to such hazardous substance activity have been taken (this is
not required in the offer to purchase or conveyance document in the
case of a transfer of property under the authority of section
120(h)(3)(C) of CERCLA, or the Early Transfer Authority, or a
conveyance to a ``potentially responsible party'', as defined by CERCLA
(see 102-75.345)).
(c) A commitment, on behalf of the United States, to return to
correct any hazardous condition discovered after the conveyance that
results from hazardous substance activity prior to the date of
conveyance.
(d) A reservation by the United States of a right of access in
order to accomplish any further remedial actions required in the
future.
Sec. 102-75.345 What is different about the statements in the offer
to purchase and conveyance document if the sale is to a potentially
responsible party with respect to the hazardous substance activity?
In the case where the purchaser or grantee is a potentially
responsible party (PRP) with respect to hazardous substance activity on
the property under consideration, the United States is no longer under
a general obligation to certify that the property has been successfully
remediated, or to commit to return to the property to address
contamination that is discovered in the future. Therefore, the
statements of responsibility and commitments on behalf of the United
States referenced in Sec. 102-75.340 should not be used. Instead,
language should be included in the offer to purchase and conveyance
document that is consistent with any agreement that has been reached
between the landholding agency and the PRP with regard to prior
hazardous substance activity.
Public Benefit Conveyances
Sec. 102-75.350 What are disposal agencies' responsibilities
concerning public benefit conveyances?
Based on a highest and best use analysis, disposal agencies may
make surplus real property available to State and local governments and
certain non-profit institutions or organizations at up to 100 percent
public benefit discount for public benefit purposes. Some examples of
such purposes are education, health, park and recreation, the homeless,
historic monuments, public airports, highways, correctional facilities,
ports, and wildlife conservation. The implementing regulations for
these conveyances are found in this subpart.
Sec. 102-75.351 May the disposal agency waive screening for public
benefit conveyances?
All properties, consistent with the highest and best use analysis,
will normally be screened for public benefit uses. However, the
disposal agency may waive public benefit screening, with the exception
of the mandatory McKinney-Vento homeless screening, for specific
property disposal considerations, e.g., when a property has been
reported excess for exchange purposes.
Sec. 102-75.355 What clause must be in the offer to purchase and the
conveyance documents for public benefit conveyances?
Executive agencies must include in the offer to purchase and
conveyance documents the non-discrimination clause in Sec. 102-75.360
for public benefit conveyances.
Sec. 102-75.360 What wording must be in the non-discrimination clause
that is required in the offer to purchase and in the conveyance
document?
The wording of the non-discrimination clause must be as follows:
The Grantee covenants for itself, its heirs, successors, and
assigns and every successor in interest to the property hereby
conveyed, or any part thereof, that the said Grantee and such heirs,
successors, and assigns shall not discriminate upon the basis of
race, creed, color, religion, sex, disability, age, or national
origin in the use, occupancy, sale, or lease of
[[Page 67824]]
the property, or in their employment practices conducted thereon.
This covenant shall not apply, however, to the lease or rental of a
room or rooms within a family dwelling unit; nor shall it apply with
respect to religion to premises used primarily for religious
purposes. The United States of America shall be deemed a beneficiary
of this covenant without regard to whether it remains the owner of
any land or interest therein in the locality of the property hereby
conveyed and shall have the sole right to enforce this covenant in
any court of competent jurisdiction.
Power Transmission Lines
Sec. 102-75.365 Do disposal agencies have to notify State entities
and Government agencies that a surplus power transmission line and
right-of-way is available?
Yes, disposal agencies must notify State entities and Government
agencies of the availability of a surplus power transmission line and
right-of-way.
Sec. 102-75.370 May a State, or any political subdivision thereof,
certify to a disposal agency that it needs a surplus power transmission
line and the right-of-way acquired for its construction to meet the
requirements of a public or cooperative power project?
Yes, section 13(d) of the Surplus Property Act of 1944 (50 U.S.C.
App. 1622(d)) allows any State or political subdivision, or any State
or Government agency or instrumentality to certify to the disposal
agency that a surplus power transmission line and the right-of-way
acquired for its construction is needed to meet the requirements of a
public or cooperative power project.
Sec. 102-75.375 What happens once a State, or political subdivision,
certifies that it needs a surplus power transmission line and the
right-of-way acquired for its construction to meet the requirements of
a public or cooperative power project?
Generally, once a State or political subdivision certifies that it
needs a surplus power transmission line and the right-of-way, the
disposal agency may sell the property to the state, or political
subdivision thereof, at the fair market value. However, if a sale of a
surplus transmission line cannot be accomplished because of the price
to be charged, or other reasons, and the certification by the State or
political subdivision is not withdrawn, the disposal agency must report
the facts involved to the Administrator of General Services, to
determine what further action will or should be taken to dispose of the
property.
Sec. 102-75.380 May power transmission lines and rights-of-way be
disposed of in other ways?
Yes, power transmission lines and rights-of-way not disposed of by
sale for fair market value may be disposed of following other
applicable provisions of this part, including, if appropriate,
reclassification by the disposal agency.
Property for Public Airports
Sec. 102-75.385 Do disposal agencies have the responsibility to
notify eligible public agencies that airport property has been
determined to be surplus?
Yes, the disposal agency must notify eligible public agencies that
property currently used as or suitable for use as a public airport
under the Surplus Property Act of 1944, as amended, has been determined
to be surplus. A copy of the landholding agency's Report of Excess Real
Property (Standard Form 118, with accompanying schedules) must be
transmitted with the copy of the surplus property notice sent to the
appropriate regional office of the Federal Aviation Administration
(FAA). The FAA must furnish an application form and instructions for
the preparation of an application to eligible public agencies upon
request.
Sec. 102-75.390 What does the term ``surplus airport property'' mean?
For the purposes of this part, surplus airport property is any
surplus real property including improvements and personal property
included as a part of the operating unit that the Administrator of FAA
deems is--
(a) Essential, suitable, or desirable for the development,
improvement, operation, or maintenance of a public airport, as defined
in the Federal Airport Act, as amended (49 U.S.C. 1101); or
(b) Reasonably necessary to fulfill the immediate and foreseeable
future requirements of the grantee for the development, improvement,
operation, or maintenance of a public airport, including property
needed to develop sources of revenue from non-aviation businesses at a
public airport. Approval for non-aviation revenue-producing areas may
only be given for such areas as are anticipated to generate net
proceeds that do not exceed expected deficits for operation of the
aviation area applied for at the airport.
Sec. 102-75.395 May surplus airport property be conveyed or disposed
of to a State, political subdivision, municipality, or tax-supported
institution for a public airport?
Yes, section 13(g) of the Surplus Property Act of 1944 (49 U.S.C.
Sec. 47151) authorizes the disposal agency to convey or dispose of
surplus airport property to a State, political subdivision,
municipality, or tax-supported institution for use as a public airport.
Sec. 102-75.400 Is industrial property located on an airport also
considered to be ``airport property''?
No, if the Administrator of General Services determines that a
property's highest and best use is industrial, then the property must
be classified as such for disposal without regard to the public benefit
conveyance provisions of this subpart.
Sec. 102-75.405 What responsibilities does the Federal Aviation
Administration (FAA) have after receiving a copy of the notice (and a
copy of the Report of Excess Real Property (Standard Form 118)) given
to eligible public agencies that there is surplus airport property?
As soon as possible after receiving the copy of the surplus notice,
the FAA must inform the disposal agency of its determination. Then, the
FAA must provide assistance to any eligible public agency known to have
a need for the property for a public airport, so that the public agency
may develop a comprehensive and coordinated plan of use and procurement
for the property.
Sec. 102-75.410 What action must the disposal agency take after an
eligible public agency has submitted a plan of use and application to
acquire property for a public airport?
After an eligible public agency submits a plan of use and
application, the disposal agency must transmit two copies of the plan
and two copies of the application to the appropriate FAA regional
office. The FAA must promptly submit a recommendation to the disposal
agency for disposal of the property for a public airport or must inform
the disposal agency that no such recommendation will be submitted.
Sec. 102-75.415 What happens after the disposal agency receives the
FAA's recommendation for disposal of the property for a public airport?
The head of the disposal agency, or his or her designee, may convey
property approved by the FAA for use as a public airport to the
eligible public agency, subject to the provisions of the Surplus
Property Act of 1944, as amended.
Sec. 102-75.420 What happens if the FAA informs the disposal agency
that it does not recommend disposal of the property for a public
airport?
Any airport property that the FAA does not recommend for disposal
as a public airport must be disposed of in accordance with other
applicable provisions of this part. However, the disposal agency must
first notify the landholding agency of its inability to dispose of the
property for use as a public airport. In addition, the disposal
[[Page 67825]]
agency must allow the landholding agency 30 days to withdraw the
property from surplus or to waive any future interest in the property
for public airport use.
Sec. 102-75.425 Who has sole responsibility for enforcing compliance
with the terms and conditions of disposal for property disposed of for
use as a public airport?
The Administrator of the FAA has the sole responsibility for
enforcing compliance with the terms and conditions of disposals to be
used as a public airport. The FAA is also responsible for reforming,
correcting, or amending any disposal instruments; granting releases;
and any action necessary for recapturing the property, using the
provisions of 49 U.S.C. 47101 et seq.
Sec. 102-75.430 What happens if property conveyed for use as a public
airport is revested in the United States?
If property that was conveyed for use as a public airport is
revested in the United States for noncompliance with the terms of the
disposal, or other cause, the Administrator of the FAA must be
accountable for the property and must report the property to GSA as
excess property following the provisions of this part.
Sec. 102-75.435 Does the Airport and Airway Development Act of 1970,
as amended (Airport Act of 1970), apply to the transfer of airports to
State and local agencies?
No, the Airport and Airway Development Act of 1970, as amended (49
U.S.C. 47101-47131) (Airport Act of 1970), does not apply to the
transfer of airports to State and local agencies. The transfer of
airports to State and local agencies may be made only under section
13(g) of the Surplus Property Act of 1944 (49 U.S.C. 47151-47153). Only
property that the landholding agency determines cannot be reported
excess to GSA for disposal under Title 40, but nevertheless may be made
available for use by a State or local public body as a public airport
without being inconsistent with the Federal program of the landholding
agency, may be conveyed under the Airport Act of 1970. In the latter
instance, the Airport Act of 1970 may be used to transfer non-excess
land for airport development purposes provided it does not constitute
an entire airport. An entire, existing and established airport can only
be disposed of to a State or eligible local government under section
13(g) of the Surplus Property Act of 1944.
Property for Use as Historic Monuments
Sec. 102-75.440 Who must disposal agencies notify that surplus
property is available for historic monument use?
Disposal agencies must notify State and area wide clearinghouses
and eligible public agencies that property that may be conveyed for use
as a historic monument has been determined to be surplus. A copy of the
landholding agency's Report of Excess Real Property (Standard Form 118)
with accompanying schedules must be transmitted with the copy of each
notice that is sent to the appropriate regional or field offices of the
National Park Service (NPS) of the Department of the Interior (DOI).
Sec. 102-75.445 Who can convey surplus real and related personal
property for historic monument use?
A disposal agency may convey surplus real and related personal
property for use as a historic monument, without monetary
consideration, to any State, political subdivision, instrumentality
thereof, or municipality, for the benefit of the public, provided the
Secretary of the Interior has determined that the property is suitable
and desirable for such use.
Sec. 102-75.450 What type of property is suitable or desirable for
use as a historic monument?
Only property conforming with the recommendation of the Advisory
Board on National Parks, Historic Sites, Buildings, and Monuments shall
be determined to be suitable or desirable for use as a historic
monument.
Sec. 102-75.455 May historic monuments be used for revenue-producing
activities?
The disposal agency may authorize the use of historic monuments
conveyed under 40 U.S.C. 550(h) or the Surplus Property Act of 1944, as
amended, for revenue-producing activities, if the Secretary of the
Interior--
(a) Determines that the activities, described in the applicant's
proposed program of use, are compatible with the use of the property
for historic monument purposes;
(b) Approves the grantee's plan for repair, rehabilitation,
restoration, and maintenance of the property;
(c) Approves the grantee's plan for financing the repair,
rehabilitation, restoration, and maintenance of the property. DOI must
not approve the plan unless it provides that all income in excess of
costs of repair, rehabilitation, restoration, maintenance, and a
specified reasonable profit or payment that may accrue to a lessor,
sublessor, or developer in connection with the management, operation,
or development of the property for revenue producing activities, is
used by the grantee, lessor, sublessor, or developer, only for public
historic preservation, park, or recreational purposes; and
(d) Examines and approves the grantee's accounting and financial
procedures for recording and reporting on revenue-producing activities.
Sec. 102-75.460 What information must disposal agencies furnish
eligible public agencies?
Upon request, the disposal agency must furnish eligible public
agencies with adequate preliminary property information and, with the
landholding agency's cooperation, provide assistance to enable public
agencies to obtain adequate property information.
Sec. 102-75.465 What information must eligible public agencies
interested in acquiring real property for use as a historic monument
submit to the appropriate regional or field offices of the National
Park Service (NPS) of the Department of the Interior (DOI)?
Eligible public agencies must submit the original and two copies of
the completed application to acquire real property for use as a
historic monument to the appropriate regional or field offices of NPS,
which will forward one copy of the application to the appropriate
regional office of the disposal agency.
Sec. 102-75.470 What action must NPS take after an eligible public
agency has submitted an application for conveyance of surplus property
for use as a historic monument?
NPS must promptly--
(a) Submit the Secretary of the Interior's determination to the
disposal agency; or
(b) Inform the disposal agency that no such recommendation will be
submitted.
Sec. 102-75.475 What happens after the disposal agency receives the
Secretary of the Interior's determination for disposal of the surplus
property for a historic monument and compatible revenue-producing
activities?
The head of the disposal agency or his or her designee may convey
to an eligible public agency surplus property determined by the
Secretary of the Interior to be suitable and desirable for use as a
historic monument for the benefit of the public and for compatible
revenue-producing activities subject to the provisions of 40 U.S.C.
550(h).
[[Page 67826]]
Sec. 102-75.480 Who has the responsibility for enforcing compliance
with the terms and conditions of disposal for surplus property conveyed
for use as a historic monument?
The Secretary of the Interior has the responsibility for enforcing
compliance with the terms and conditions of such a disposal. DOI is
also responsible for reforming, correcting, or amending any disposal
instrument; granting releases; and any action necessary for recapturing
the property using the provisions of 40 U.S.C. 550(b). The actions are
subject to the approval of the head of the disposal agency.
Sec. 102-75.485 What happens if property that was conveyed for use as
a historic monument is revested in the United States?
In such a case, DOI must notify the appropriate GSA Public
Buildings Service (PBS) Regional Office immediately by letter when
title to the historic property is to be revested in the United States
for noncompliance with the terms and conditions of disposal or for
other cause. The notification must cite the legal and administrative
actions that DOI must take to obtain full title and possession of the
property. In addition, it must include an adequate description of the
property, including any improvements constructed since the original
conveyance to the grantee. After receiving a statement from DOI that
title to the property is proposed for revesting, GSA will review the
statement and determine if title should be revested. If GSA, in
consultation with DOI, determines that the property should be revested,
DOI must submit a Report of Excess Real Property, Standard Form 118 to
GSA. GSA will review and act upon the Standard Form 118, if acceptable.
However, the grantee must provide protection and maintenance of the
property until the title reverts to the Federal Government, including
the period of the notice of intent to revert. Such protection and
maintenance must, at a minimum, conform to the standards prescribed in
the GSA Customer Guide to Real Property Disposal.
Property for Educational and Public Health Purposes
Sec. 102-75.490 Who must notify eligible public agencies that surplus
real property for educational and public health purposes is available?
The disposal agency must notify eligible public agencies that
surplus property is available for educational and/or public health
purposes. The notice must require that any plans for an educational or
public health use, resulting from the development of the comprehensive
and coordinated plan of use and procurement for the property, must be
coordinated with the Department of Education (ED) or the Department of
Health and Human Services (HHS), as appropriate. The notice must also
let eligible public agencies know where to obtain the applications,
instructions for preparing them, and where to submit the application.
The requirement for educational or public health use of the property by
an eligible public agency is contingent upon the disposal agency's
approval, under Sec. 102-75.515, of a recommendation for assignment of
Federal surplus real property received from ED or HHS. Further, any
subsequent transfer is subject to the approval of the head of the
disposal agency as stipulated under 40 U.S.C. 550(c) or (d) and
referenced in Sec. 102-75.535.
Sec. 102-75.495 May the Department of Education (ED) or the
Department of Health and Human Services (HHS) notify nonprofit
organizations that surplus real property and related personal property
is available for educational and public health purposes?
Yes, ED or HHS may notify eligible non-profit institutions that
such property has been determined to be surplus. Notices to eligible
non-profit institutions must require eligible non-profit institutions
to coordinate any request for educational or public health use of the
property with the appropriate public agency responsible for developing
and submitting a comprehensive and coordinated plan of use and
procurement for the property.
Sec. 102-75.500 Which Federal agencies may the head of the disposal
agency (or his or her designee) assign for disposal surplus real
property to be used for educational and public health purposes?
The head of the disposal agency or his designee may--
(a) Assign to the Secretary of ED for disposal under 40 U.S.C.
550(c) surplus real property, including buildings, fixtures, and
equipment, as recommended by the Secretary as being needed for school,
classroom, or other educational use; or
(b) Assign to the Secretary of HHS for disposal under 40 U.S.C. 550
(d) such surplus real property, including buildings, fixtures, and
equipment situated thereon, as recommended by the Secretary as being
needed for use in the protection of public health, including research.
Sec. 102-75.505 Is the request for educational or public health use
of a property by an eligible nonprofit institution contingent upon the
disposal agency's approval?
Yes, eligible non-profit organizations will only receive surplus
real property for an educational or public health use if the disposal
agency approves or grants the assignment request from either ED or HHS.
The disposal agency will also consider other uses for available surplus
real property, taking into account the highest and best use
determination. Any subsequent transfer is subject to the approval of
the head of the disposal agency as stipulated under 40 U.S.C. 550(c) or
(d) and referenced in this part.
Sec. 102-75.510 When must the Department of Education and the
Department of Health and Human Services notify the disposal agency that
an eligible applicant is interested in acquiring the property?
ED and HHS must notify the disposal agency if it has an eligible
applicant interested in acquiring the property within 30 calendar days
after the date of the surplus notice. Then, after the 30-day period
expires, ED or HHS has 30 calendar days to review and approve an
application and request assignment of the property, or inform the
disposal agency that no assignment request will be forthcoming.
Sec. 102-75.515 What action must the disposal agency take after an
eligible public agency has submitted a plan of use for property for an
educational or public health requirement?
When an eligible public agency submits a plan of use for property
for an educational or public health requirement, the disposal agency
must transmit two copies of the plan to the regional office of ED or
HHS, as appropriate. The ED or HHS must submit to the disposal agency,
within 30 calendar days after the date the plan is transmitted, a
recommendation for assignment of the property to the Secretary of ED or
HHS, as appropriate, or must inform the disposal agency, within the 30-
calendar day period, that a recommendation will not be made for
assignment of the property to ED or HHS. If, after considering other
uses for the property, the disposal agency approves the assignment
recommendation from ED or HHS, it must assign the property by letter or
other document to the Secretary of ED or HHS, as appropriate. The
disposal agency must furnish to the landholding agency a copy of the
assignment, unless the landholding agency is also the disposal agency.
If the recommendation is disapproved, the disposal agency must likewise
notify the appropriate Department.
[[Page 67827]]
Sec. 102-75.520 What must the Department of Education or the
Department of Health and Human Services address in the assignment
recommendation that is submitted to the disposal agency?
Any assignment recommendation that ED or HHS submits to the
disposal agency must provide complete information concerning the
educational or public health use, including--
(a) Identification of the property;
(b) The name of the applicant and the size and nature of its
program;
(c) The specific use planned;
(d) The intended public benefit allowance;
(e) The estimate of the value upon which such proposed allowance is
based; and
(f) An explanation if the acreage or value of the property exceeds
the standards established by the Secretary.
Sec. 102-75.525 What responsibilities do landholding agencies have
concerning properties to be used for educational and public health
purposes?
Landholding agencies must cooperate to the fullest extent possible
with representatives of ED or HHS in their inspection of such property
and in furnishing information relating to the property.
Sec. 102-75.530 What happens if the Department of Education or the
Department of Health and Human Services does not approve any
applications for conveyance of the property for educational or public
health purposes?
In the absence of an approved application from ED or HHS to convey
the property for educational or public health purposes, which must be
received within the 30 calendar day time limit, the disposal agency
will proceed with other disposal actions.
Sec. 102-75.535 What responsibilities does the Department of
Education or the Department of Health and Human Services have after
receiving the disposal agency's assignment letter?
After receiving the disposal agency's assignment letter, ED or HHS
must furnish the disposal agency with a Notice of Proposed Transfer
within 30 calendar days. If the disposal agency approves the proposed
transfer within 30 days of receiving the Notice of Proposed Transfer,
ED or HHS may prepare the transfer documents and proceed with the
transfer. ED or HHS must take all necessary actions to accomplish the
transfer within 15-calendar days beginning when the disposal agency
approves the transfer. ED or HHS must furnish the disposal agency two
conformed copies of deeds, leases or other instruments conveying the
property under 40 U.S.C. 550(c) or (d) and all related documents
containing restrictions or conditions regulating the future use,
maintenance or transfer of the property.
Sec. 102-75.540 Who is responsible for enforcing compliance with the
terms and conditions of the transfer for educational or public health
purposes?
ED or HHS, as appropriate, is responsible for enforcing compliance
with the terms and conditions of transfer. ED or HHS is also
responsible for reforming, correcting, or amending any transfer
instruments; granting releases; and for taking any necessary actions
for recapturing the property using or following the provisions of 40
U.S.C. 550(b). These actions are subject to the approval of the head of
the disposal agency. ED or HHS must notify the disposal agency of its
intent to take any actions to recapture the property. The notice must
identify the property affected, describe in detail the proposed action,
and state the reasons for the proposed action.
Sec. 102-75.545 What happens if property that was transferred to meet
an educational or public health requirement is revested in the United
States for noncompliance with the terms of sale, or other cause?
In each case of repossession under a terminated lease or reversion
of title for noncompliance with the terms or conditions of sale or
other cause, ED or HHS must, prior to repossession or reversion of
title, provide the appropriate GSA regional property disposal office
with an accurate description of the real and related personal property
involved using the Report of Excess Real Property (Standard Form 118),
and the appropriate schedules. After receiving a statement from ED or
HHS that the property is proposed for revesting, GSA will review the
statement and determine if title should be revested. If GSA, in
conjunction with ED or HHS, determines that the property should be
revested, ED or HHS must submit a Standard Form 118 to GSA. GSA will
review and act upon the Standard Form 118, if acceptable. However, the
grantee must provide protection and maintenance for the property until
the title reverts to the Federal Government, including the period of
any notice of intent to revert. Such protection and maintenance must,
at a minimum, conform to the standards prescribed in the GSA Customer
Guide to Real Property Disposal.
Property for Providing Self-Help Housing or Housing Assistance
Sec. 102-75.550 What does ``self-help housing or housing assistance''
mean?
Property for self-help housing or housing assistance (which is
separate from the program under Title V of the McKinney-Vento Homeless
Assistance Act covered in subpart H of this part) is property for low-
income housing opportunities through the construction, rehabilitation,
or refurbishment of housing, under terms that require that--
(a) Any individual or family receiving housing or housing
assistance must contribute a significant amount of labor toward the
construction, rehabilitation, or refurbishment; and
(b) Dwellings constructed, rehabilitated, or refurbished must be
quality dwellings that comply with local building and safety codes and
standards and must be available at prices below prevailing market
prices.
Sec. 102-75.555 Which Federal agency receives the property assigned
for self-help housing or housing assistance for low-income individuals
or families?
The head of the disposal agency, or designee, may assign, at his/
her discretion, surplus real property, including buildings, fixtures,
and equipment to the Secretary of the Department of Housing and Urban
Development (HUD).
Sec. 102-75.560 Who notifies eligible public agencies that real
property to be used for self-help housing or housing assistance
purposes is available?
The disposal agency must notify eligible public agencies that
surplus property is available. The notice must require that any plans
for self-help housing or housing assistance use resulting from the
development of the comprehensive and coordinated plan of use and
procurement for the property must be coordinated with HUD. Eligible
public agencies may obtain an application form and instructions for
preparing and submitting the application from HUD.
Sec. 102-75.565 Is the requirement for self-help housing or housing
assistance use of the property by an eligible public agency or non-
profit organization contingent upon the disposal agency's approval of
an assignment recommendation from the Department of Housing and Urban
Development (HUD)?
Yes, the requirement for self-help housing or housing assistance
use of the property by an eligible public agency or nonprofit
organization is contingent upon the disposal agency's approval under
Sec. 102-75.585 of HUD's assignment recommendation/request.
[[Page 67828]]
Any subsequent transfer is subject to the approval of the head of the
disposal agency as stipulated under 40 U.S.C. 550(f) and referenced in
Sec. 102-75.605.
Sec. 102-75.570 What happens if the disposal agency does not approve
the assignment recommendation?
If the recommendation is not approved, the disposal agency must
also notify the Secretary of HUD and then may proceed with other
disposal action.
Sec. 102-75.575 Who notifies non-profit organizations that surplus
real property and related personal property to be used for self-help
housing or housing assistance purposes is available?
HUD notifies eligible non-profit organizations, following guidance
in the GSA Customer Guide to Real Property Disposal. Such notices must
require eligible nonprofit organizations to--
(a) Coordinate any requirement for self-help housing or housing
assistance use of the property with the appropriate public agency; and
(b) Declare to the disposal agency an intent to develop and submit
a comprehensive and coordinated plan of use and procurement for the
property.
Sec. 102-75.580 When must HUD notify the disposal agency that an
eligible applicant is interested in acquiring the property?
HUD must notify the disposal agency within 30 calendar days after
the date of the surplus notice. Then, after the 30-day period expires,
HUD has 30 calendar days to review and approve an application and
request assignment or inform the disposal agency that no assignment
request is forthcoming.
Sec. 102-75.585 What action must the disposal agency take after an
eligible public agency has submitted a plan of use for property for a
self-help housing or housing assistance requirement?
When an eligible public agency submits a plan of use for property
for a self-help housing or housing assistance requirement, the disposal
agency must transmit two copies of the plan to the appropriate HUD
regional office. HUD must submit to the disposal agency, within 30
calendar days after the date the plan is transmitted, a recommendation
for assignment of the property to the Secretary of HUD, or must inform
the disposal agency, within the 30-calendar day period, that a
recommendation will not be made for assignment of the property to HUD.
If, after considering other uses for the property, the disposal agency
approves the assignment recommendation from HUD, it must assign the
property by letter or other document to the Secretary of HUD. The
disposal agency must furnish to the landholding agency a copy of the
assignment, unless the landholding agency is also the disposal agency.
If the disposal agency disapproves the recommendation, the disposal
agency must likewise notify the Secretary of HUD.
Sec. 102-75.590 What does the assignment recommendation contain?
Any assignment recommendation that HUD submits to the disposal
agency must set forth complete information concerning the self-help
housing or housing assistance use, including--
(a) Identification of the property;
(b) Name of the applicant and the size and nature of its program;
(c) Specific use planned;
(d) Intended public benefit allowance;
(e) Estimate of the value upon which such proposed allowance is
based; and
(f) An explanation, if the acreage or value of the property exceeds
the standards established by the Secretary.
Sec. 102-75.595 What responsibilities do landholding agencies have
concerning properties to be used for self-help housing or housing
assistance use?
Landholding agencies must cooperate to the fullest extent possible
with HUD representatives in their inspection of such property and in
furnishing information relating to such property.
Sec. 102-75.600 What happens if HUD does not approve any applications
for self-help housing or housing assistance use?
In the absence of an approved application from HUD for self-help
housing or housing assistance use, which must be received within the
30-calendar day time limit specified therein, the disposal agency must
proceed with other disposal action.
Sec. 102-75.605 What responsibilities does HUD have after receiving
the disposal agency's assignment letter?
After receiving the disposal agency's assignment letter, HUD must
furnish the disposal agency with a Notice of Proposed Transfer within
30 calendar days. If the disposal agency approves the proposed transfer
within 30 calendar days of receiving the Notice of Proposed Transfer,
HUD may prepare the transfer documents and proceed with the transfer.
HUD must take all necessary actions to accomplish the transfer within
15 calendar days beginning when the disposal agency approves the
transfer. HUD must furnish the disposal agency two conformed copies of
deeds, leases or other instruments conveying the property under 40
U.S.C. 550(f) and all related documents containing restrictions or
conditions regulating the future use, maintenance or transfer of the
property.
Sec. 102-75.610 Who is responsible for enforcing compliance with the
terms and conditions of the transfer of the property for self-help
housing or housing assistance use?
HUD is responsible for enforcing compliance with the terms and
conditions of transfer. HUD is also responsible for reforming,
correcting, or amending any transfer instrument; granting releases; and
for taking any necessary actions for recapturing the property using the
provisions of 40 U.S.C. 550(b). These actions are subject to the
approval of the head of the disposal agency. HUD must notify the head
of the disposal agency of its intent to take action to recapture the
property. The notice must identify the property affected, describe in
detail the proposed action, and state the reasons for the proposed
action.
Sec. 102-75.615 Who is responsible for enforcing compliance with the
terms and conditions of property transferred under section 414(a) of
the 1969 HUD Act?
HUD maintains responsibility for properties previously conveyed
under section 414(a) of the 1969 HUD Act. Property transferred to an
entity other than a public body and used for any purpose other than
that for which it was sold or leased within a 30-year period must
revert to the United States. If the property was leased, then the lease
terminates. The appropriate Secretary (HUD or Department of
Agriculture) and the Administrator of GSA can approve the new use of
the property after the first 20 years of the original 30-year period
has expired.
Sec. 102-75.620 What happens if property that was transferred to meet
a self-help housing or housing assistance use requirement is found to
be in noncompliance with the terms of sale?
In each case of repossession under a terminated lease or reversion
of title for noncompliance with the terms or conditions of sale or
other cause, HUD (or USDA for property conveyed through the former
Farmers Home Administration program under section 414(a) of the 1969
HUD Act) must, prior to repossession or reversion of title, provide the
appropriate GSA regional office with an accurate description of the
real and related personal property involved using the Report of Excess
Real Property (Standard Form 118), and the appropriate schedules. After
receiving a statement from HUD (or USDA) that title to the property is
proposed for revesting, GSA will review the statement and determine if
title should be revested. If GSA, in conjunction with HUD (or USDA),
determines that the property should be revested, HUD (or
[[Page 67829]]
USDA) must submit a Standard Form 118 to GSA. GSA will review and act
upon the Standard Form 118, if acceptable. However, the grantee must
provide protection and maintenance for the property until the title
reverts to the Federal Government, including the period of any notice
of intent to revert. Such protection and maintenance must, at a
minimum, conform to the standards prescribed in the GSA Customer Guide
to Real Property Disposal.
Property for Use as Public Park or Recreation Areas
Sec. 102-75.625 Which Federal agency is assigned surplus real
property for public park or recreation purposes?
The head of the disposal agency or his or her designee is
authorized to assign to the Secretary of the Interior for disposal
under 40 U.S.C. 550(e), surplus real property, including buildings,
fixtures, and equipment as recommended by the Secretary as being needed
for use as a public park or recreation area for conveyance to a State,
political subdivision, instrumentalities, or municipality.
Sec. 102-75.630 Who must disposal agencies notify that real property
for public park or recreation purposes is available?
The disposal agency must notify established State, regional, or
metropolitan clearinghouses and eligible public agencies that surplus
property is available for use as a public park or recreation area. The
disposal agency must transmit the landholding agency's Report of Excess
Real Property (Standard Form 118, with accompanying schedules) with the
copy of each notice sent to a regional or field office of the National
Park Service (NPS) of the Department of the Interior (DOI).
Sec. 102-75.635 What information must the Department of the Interior
(DOI) furnish eligible public agencies?
Upon request, DOI must furnish eligible public agencies with an
application form to acquire property for permanent use as a public park
or recreation area and preparation instructions for the application.
Sec. 102-75.640 When must DOI notify the disposal agency that an
eligible applicant is interested in acquiring the property?
DOI must notify the disposal agency if it has an eligible applicant
interested in acquiring the property within 30 calendar days from the
date of the surplus notice.
Sec. 102-75.645 What responsibilities do landholding agencies have
concerning properties to be used for public park or recreation
purposes?
Landholding agencies must cooperate to the fullest extent possible
with DOI representatives in their inspection of the property and in
furnishing information relating to the property.
Sec. 102-75.650 When must DOI request assignment of the property?
Within 30 calendar days after the expiration of the 30-calendar day
period specified in Sec. 102-75.640, DOI must submit to the disposal
agency an assignment recommendation along with a copy of the
application or inform the disposal agency that a recommendation will
not be made for assignment of the property.
Sec. 102-75.655 What does the assignment recommendation contain?
Any recommendation submitted by DOI must provide complete
information concerning the plans for use of the property as a public
park or recreation area, including--
(a) Identification of the property;
(b) The name of the applicant;
(c) The specific use planned; and
(d) The intended public benefit allowance.
Sec. 102-75.660 What happens if DOI does not approve any applications
or does not submit an assignment recommendation?
If DOI does not approve any applications or does not submit an
assignment recommendation to convey the property for public park or
recreation purposes, the disposal agency must proceed with other
disposal action.
Sec. 102-75.665 What happens after the disposal agency receives the
assignment recommendation from DOI?
If, after considering other uses for the property, the disposal
agency approves the assignment recommendation from DOI, it must assign
the property by letter or other document to the Secretary of the
Interior. The disposal agency must furnish to the landholding agency a
copy of the assignment, unless the landholding agency is also the
disposal agency. If the recommendation is disapproved, the disposal
agency must likewise notify the Secretary.
Sec. 102-75.670 What responsibilities does DOI have after receiving
the disposal agency's assignment letter?
After receiving the disposal agency's assignment letter, the
Secretary of the Interior must provide the disposal agency with a
Notice of Proposed Transfer within 30 calendar days. If the disposal
agency approves the proposed transfer within 30 calendar days, the
Secretary may proceed with the transfer. DOI must take all necessary
actions to accomplish the transfer within 15 calendar days after the
expiration of the 30-calendar day period provided for the disposal
agency to consider the notice. DOI may place the applicant in
possession of the property as soon as practicable to minimize the
Government's expense of protection and maintenance of the property. As
of the date the applicant takes possession of the property, or the date
it is conveyed, whichever occurs first, the applicant must assume
responsibility for care and handling and all risks of loss or damage to
the property, and has all obligations and liabilities of ownership. DOI
must furnish the disposal agency two conformed copies of deeds, leases,
or other instruments conveying property under 40 U.S.C. 550(e) and
related documents containing reservations, restrictions, or conditions
regulating the future use, maintenance or transfer of the property.
Sec. 102-75.675 What responsibilities does the grantee or recipient
of the property have in accomplishing or completing the transfer?
Where appropriate, the disposal agency may make the assignment
subject to DOI requiring the grantee or recipient to bear the cost of
any out-of-pocket expenses necessary to accomplish the transfer, such
as for surveys, fencing, security of the remaining property, or
otherwise.
Sec. 102-75.680 What information must be included in the deed of
conveyance of any surplus property transferred for public park or
recreation purposes?
The deed of conveyance of any surplus real property transferred for
public park and recreation purposes under 40 U.S.C. 550(e) must require
that the property be used and maintained for the purpose for which it
was conveyed in perpetuity. In the event that the property ceases to be
used or maintained for that purpose, all or any portion of such
property will in its existing condition, at the option of the United
States, revert to the United States. The deed of conveyance may contain
additional terms, reservations, restrictions, and conditions determined
by the Secretary of the Interior to be necessary to safeguard the
interests of the United States.
Sec. 102-75.685 Who is responsible for enforcing compliance with the
terms and conditions of the transfer of property used for public park
or recreation purposes?
The Secretary of the Interior is responsible for enforcing
compliance
[[Page 67830]]
with the terms and conditions of transfer. The Secretary of the
Interior is also responsible for reforming, correcting, or amending any
transfer instrument; granting releases; and for recapturing any
property following the provisions of 40 U.S.C. 550(b). These actions
are subject to the approval of the head of the disposal agency. DOI
must notify the head of the disposal agency of its intent to take or
recapture the property. The notice must identify the property affected
and describe in detail the proposed action, including the reasons for
the proposed action.
Sec. 102-75.690 What happens if property that was transferred for use
as a public park or recreation area is revested in the United States by
reason of noncompliance with the terms or conditions of disposal, or
for other cause?
DOI must notify the appropriate GSA regional office immediately by
letter when title to property transferred for use as a public park or
recreation area is to be revested in the United States for
noncompliance with the terms or conditions of disposal or for other
cause. The notification must cite the legal and administrative actions
that DOI must take to obtain full title and possession of the property.
In addition, it must include an adequate description of the property,
using the Report of Excess Real Property (Standard Form 118) and the
appropriate schedules. After receiving notice from DOI that title to
the property is proposed for revesting, GSA will review the statement
and determine if title should be revested. If GSA, in consultation with
DOI, determines that the property should be revested, DOI must submit a
Standard Form 118 to GSA. GSA will review and act upon the Standard
Form 118, if acceptable. However, the grantee must provide protection
and maintenance for the property until the title reverts to the Federal
Government, including the period of any notice of intent to revert.
Such protection and maintenance must, at a minimum, conform to the
standards prescribed in the GSA Customer Guide to Real Property
Disposal.
Property for Displaced Persons
Sec. 102-75.695 Who can receive surplus real property for the purpose
of providing replacement housing for persons who are to be displaced by
Federal or Federally assisted projects?
Section 218 of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, 42 U.S.C. 4638 (the
Relocation Act), authorizes the disposal agency to transfer surplus
real property to a State agency to provide replacement housing under
title II of the Relocation Act for persons who are or will be displaced
by Federal or Federally assisted projects.
Sec. 102-75.700 Which Federal agencies may solicit applications from
eligible State agencies interested in acquiring the property to provide
replacement housing for persons being displaced by Federal or Federally
assisted projects?
After receiving the surplus notice, any Federal agency needing
property for replacement housing for displaced persons may solicit
applications from eligible State agencies.
Sec. 102-75.705 When must the Federal agency notify the disposal
agency that an eligible State agency is interested in acquiring the
property under section 218?
Federal agencies must notify the disposal agency within 30 calendar
days after the date of the surplus notice, if an eligible State agency
is interested in acquiring the property under section 218 of the
Relocation Act.
Sec. 102-75.710 What responsibilities do landholding and disposal
agencies have concerning properties used for providing replacement
housing for persons who will be displaced by Federal or Federally
assisted projects?
Both landholding and disposal agencies must cooperate, to the
fullest extent possible, with Federal and State agency representatives
in their inspection of the property and in furnishing information
relating to the property.
Sec. 102-75.715 When can a Federal agency request transfer of the
property to the selected State agency?
Federal agencies must advise the disposal agency and request
transfer of the property to the selected State agency within 30
calendar days after the expiration of the 30-calendar day period
specified in Sec. 102-75.705.
Sec. 102-75.720 Is there a specific or preferred format for the
transfer request and who should receive it?
Any request submitted by a Federal agency must be in the form of a
letter addressed to the appropriate GSA Public Buildings Service (PBS)
regional property disposal office.
Sec. 102-75.725 What does the transfer request contain?
Any transfer request must include--
(a) Identification of the property by name, location, and control
number;
(b) The name and address of the specific State agency and a copy of
the State agency's application or proposal;
(c) A certification by the appropriate Federal agency official that
the property is required to house displaced persons authorized by
section 218; that all other options authorized under title II of the
Relocation Act have been explored and replacement housing cannot be
found or made available through those channels; and that the Federal or
Federally assisted project cannot be accomplished unless the property
is made available for replacement housing;
(d) Any special terms and conditions that the Federal agency deems
necessary to include in conveyance instruments to ensure that the
property is used for the intended purpose;
(e) The name and proposed location of the Federal or Federally
assisted project that is creating the requirement;
(f) Purpose of the project;
(g) Citation of enabling legislation or authorization for the
project, when appropriate;
(h) A detailed outline of steps taken to obtain replacement housing
for displaced persons as authorized under title II of the Relocation
Act; and
(i) Details of the arrangements that have been made to construct
replacement housing on the surplus property and to ensure that
displaced persons will be provided housing in the development.
Sec. 102-75.730 What happens if a Federal agency does not submit a
transfer request to the disposal agency for property to be used for
replacement housing for persons who will be displaced by Federal or
Federally assisted projects?
If the disposal agency does not receive a request for assignment or
transfer of the property under Sec. 102-75.715, then the disposal
agency must proceed with other appropriate disposal actions.
Sec. 102-75.735 What happens after the disposal agency receives the
transfer request from the Federal agency?
If, after considering other uses for the property, the disposal
agency determines that the property should be made available for
replacement housing under section 218, it must transfer the property to
the designated State agency on such terms and conditions as will
protect the United States' interests, including the payment or the
agreement to pay to the United States all amounts received by the State
agency from any sale, lease, or other disposition of the property for
such housing. The sale, lease, or other disposition of the property by
the State agency must be at the fair market value as approved by the
disposal agency, unless a compelling justification is offered for
disposal of the property at less than fair market value. Disposal of
the property at less than fair market value must also be approved by
the disposal agency.
[[Page 67831]]
Sec. 102-75.740 Does the State agency have any responsibilities in
helping to accomplish the transfer of the property?
Yes, the State agency is required to bear the costs of any out-of-
pocket expenses necessary to accomplish the transfer, such as costs of
surveys, fencing, or security of the remaining property.
Sec. 102-75.745 What happens if the property transfer request is not
approved by the disposal agency?
If the request is not approved, the disposal agency must notify the
Federal agency requesting the transfer. The disposal agency must
furnish a copy of the notice of disapproval to the landholding agency.
Property for Correctional Facility, Law Enforcement, or Emergency
Management Response Purposes
Sec. 102-75.750 Who is eligible to receive surplus real and related
personal property for correctional facility, law enforcement, or
emergency management response purposes?
Under 40 U.S.C. 553, the head of the disposal agency or designee
may, in his or her discretion, convey, without monetary consideration,
to any State, or to those governmental bodies named in the section; or
to any political subdivision or instrumentality, surplus real and
related personal property for--
(a) Correctional facility purposes, if the Attorney General has
determined that the property is required for such purposes and has
approved an appropriate program or project for the care or
rehabilitation of criminal offenders;
(b) Law enforcement purposes, if the Attorney General has
determined that the property is required for such purposes; or
(c) Emergency management response purposes, including fire and
rescue services, if the Director of the Federal Emergency Management
Agency (FEMA) has determined that the property is required for such
purposes.
Sec. 102-75.755 Which Federal agencies must the disposal agency
notify concerning the availability of surplus properties for
correctional facility, law enforcement, or emergency management
response purposes?
The disposal agency must provide prompt notification to the Office
of Justice Programs (OJP), Department of Justice (DOJ), and FEMA that
surplus property is available. The disposal agency's notice or
notification must include a copy of the landholding agency's Report of
Excess Real Property (Standard Form 118), with accompanying schedules.
Sec. 102-75.760 Who must the Office of Justice Programs (OJP) and the
Federal Emergency Management Agency (FEMA) notify that surplus real
property is available for correctional facility, law enforcement, or
emergency management response purposes?
OJP or FEMA must send notices of availability to the appropriate
State and local public agencies. The notices must state that OJP or
FEMA, as appropriate, must coordinate and approve any planning involved
in developing a comprehensive and coordinated plan of use and
procurement for the property for correctional facility, law
enforcement, or emergency management response use. The notice must also
state that public agencies may obtain application forms and preparation
instructions from OJP or FEMA.
Sec. 102-75.765 What does the term ``law enforcement'' mean?
The OJP defines ``law enforcement'' as ``any activity involving the
control or reduction of crime and juvenile delinquency, or enforcement
of the criminal law, including investigative activities such as
laboratory functions as well as training.''
Sec. 102-75.770 Is the disposal agency required to approve a
determination by the Department of Justice (DOJ) that identifies
surplus property for correctional facility use or for law enforcement
use?
Yes, the disposal agency must approve a determination, under Sec.
102-75.795, by DOJ that identifies surplus property required for
correctional facility use or for law enforcement use before an eligible
public agency can obtain such property for correctional facility or law
enforcement use.
Sec. 102-75.775 Is the disposal agency required to approve a
determination by FEMA that identifies surplus property for emergency
management response use?
Yes, the disposal agency must approve a determination, under Sec.
102-75.795, by FEMA that identifies surplus property required for
emergency management response use before an eligible public agency can
obtain such property for emergency management response use.
Sec. 102-75.780 When must DOJ or FEMA notify the disposal agency that
an eligible applicant is interested in acquiring the property?
OJP or FEMA must notify the disposal agency within 30 calendar days
after the date of the surplus notice, if there is an eligible applicant
interested in acquiring the property. After that 30-calendar day period
expires, OJP or FEMA then has another 30 days to review and approve an
appropriate program and notify the disposal agency of the need for the
property. If no application is approved, then OJP or FEMA must notify
the disposal agency that there is no requirement for the property
within the 30-calendar day period allotted for review and approval.
Sec. 102-75.785 What specifically must DOJ or FEMA address in the
assignment request or recommendation that is submitted to the disposal
agency?
Any determination that DOJ or FEMA submits to the disposal agency
must provide complete information concerning the correctional facility,
law enforcement, or emergency management response use, including--
(a) Identification of the property;
(b) Certification that the property is required for correctional
facility, law enforcement, or emergency management response use;
(c) A copy of the approved application that defines the proposed
plan of use; and
(d) The environmental impact of the proposed correctional facility,
law enforcement, or emergency management response use.
Sec. 102-75.790 What responsibilities do landholding agencies and
disposal agencies have concerning properties to be used for
correctional facility, law enforcement, or emergency management
response purposes?
Both landholding and disposal agencies must cooperate to the
fullest extent possible with Federal and State agency representatives
in their inspection of such property and in furnishing information
relating to the property.
Sec. 102-75.795 What happens after the disposal agency receives the
assignment request by DOJ or FEMA?
If, after considering other uses for the property, the disposal
agency approves the assignment request by DOJ or FEMA, the disposal
agency must convey the property to the appropriate grantee. The
disposal agency must proceed with other disposal action if it does not
approve the assignment request, if DOJ or FEMA does not submit an
assignment request, or if the disposal agency does not receive the
determination within the 30 calendar days specified in Sec. 102-
75.780. The disposal agency must notify OJP or FEMA 15 days prior to
any announcement of a determination to either approve or disapprove an
application for correctional, law enforcement, or emergency management
response purposes and must furnish to OJP or FEMA a copy of the
conveyance documents.
[[Page 67832]]
Sec. 102-75.800 What information must be included in the deed of
conveyance?
The deed of conveyance of any surplus real property transferred
under the provisions of 40 U.S.C. 553 must provide that all property be
used and maintained for the purpose for which it was conveyed in
perpetuity. If the property ceases to be used or maintained for that
purpose, all or any portion of the property must, at the option of the
United States, revert to the United States in its existing condition.
The deed of conveyance may contain additional terms, reservations,
restrictions, and conditions the Administrator of General Services
determines to be necessary to safeguard the United States' interests.
Sec. 102-75.805 Who is responsible for enforcing compliance with the
terms and conditions of the transfer of the property used for
correctional facility, law enforcement, or emergency management
response purposes?
The Administrator of General Services is responsible for enforcing
compliance with the terms and conditions of disposals of property to be
used for correctional facility, law enforcement, or emergency
management response purposes. GSA is also responsible for reforming,
correcting, or amending any disposal instrument; granting releases; and
any action necessary for recapturing the property following the
provisions of 40 U.S.C. 553(e).
Sec. 102-75.810 What responsibilities do OJP or FEMA have if they
discover any information indicating a change in use of a transferred
property?
Upon discovery of any information indicating a change in use, OJP
or FEMA must--
(a) Notify GSA; and
(b) Upon request, make a redetermination of continued
appropriateness of the use of a transferred property.
Sec. 102-75.815 What happens if property conveyed for correctional
facility, law enforcement, or emergency management response purposes is
found to be in noncompliance with the terms of the conveyance
documents?
OJP or FEMA must, prior to the repossession, provide the
appropriate GSA regional property disposal office with an accurate
description of the real and related personal property involved. OJP or
FEMA must use the Report of Excess Real Property (Standard Form 118),
and the appropriate schedules for this purpose. After receiving a
statement from OJP or FEMA that the title to the property is proposed
for revesting, GSA will review the statement and determine if title
should be revested. If GSA, in consultation with OJP or FEMA,
determines that the property should be revested, OJP or FEMA must
submit a Standard Form 118 to GSA. GSA will review and act upon the
Standard Form 118, if acceptable. However, the grantee must provide
protection and maintenance for the property until the title reverts to
the Federal Government, including the period following any notice of
intent to revert. Such protection and maintenance must, at a minimum,
conform to the standards prescribed in the GSA Customer Guide to Real
Property Disposal.
Property for Port Facility Use
Sec. 102-75.820 Which Federal agency is eligible to receive surplus
real and related personal property for the development or operation of
a port facility?
Under 40 U.S.C. 554, the Administrator of General Services, the
Secretary of the Department of Defense (in the case of property located
at a military installation closed or realigned pursuant to a base
closure law), or their designee, may assign to the Secretary of the
Department of Transportation (DOT) for conveyance, without monetary
consideration, to any State, or to governmental bodies, any political
subdivision, municipality, or instrumentality, surplus real and related
personal property, including buildings, fixtures, and equipment
situated on the property, that DOT recommends as being needed for the
development or operation of a port facility.
Sec. 102-75.825 Who must the disposal agency notify when surplus real
and related personal property is available for port facility use?
The disposal agency must notify established State, regional or
metropolitan clearinghouses and eligible public agencies that surplus
real property is available for the development or operation of a port
facility. The disposal agency must transmit a copy of the notice to DOT
and a copy of the landholding agency's Report of Excess Real Property
(Standard Form 118 and supporting schedules).
Sec. 102-75.830 What does the surplus notice contain?
Surplus notices to eligible public agencies must state--
(a) That public agencies must coordinate any planning involved in
the development of the comprehensive and coordinated plan of use and
procurement of property, with DOT, the Secretary of Labor, and the
Secretary of Commerce;
(b) That any party interested in acquiring the property for use as
a port facility must contact the Department of Transportation, Maritime
Administration, for the application and instructions;
(c) That the disposal agency must approve a recommendation from DOT
before it can assign the property to DOT (see Sec. 102-75.905); and
(d) That any subsequent conveyance is subject to the approval of
the head of the disposal agency as stipulated under 40 U.S.C. 554 and
referenced in Sec. 102-75.865.
Sec. 102-75.835 When must DOT notify the disposal agency that an
eligible applicant is interested in acquiring the property?
DOT must notify the disposal agency within 30 calendar days after
the date of the surplus notice if there is an eligible applicant
interested in acquiring the property. After that 30-calendar day period
expires, DOT then has another 30 calendar days to review and approve
applications and notify the disposal agency of the need for the
property. If no application is approved, then DOT must notify the
disposal agency that there is no requirement for the property within
the same 30-calendar day period allotted for review and approval.
Sec. 102-75.840 What action must the disposal agency take after an
eligible public agency has submitted a plan of use for and an
application to acquire a port facility property?
Whenever an eligible public agency has submitted a plan of use for
a port facility requirement, the disposal agency must transmit two
copies of the plan to DOT. DOT must either submit to the disposal
agency, within 30 calendar days after the date the plan is transmitted,
a recommendation for assignment of the property to DOT, or inform the
disposal agency, within the 30-calendar day period, that a
recommendation will not be made for assignment of the property to DOT.
Sec. 102-75.845 What must DOT address in the assignment
recommendation submitted to the disposal agency?
Any assignment recommendation that DOT submits to the disposal
agency must provide complete information concerning the contemplated
port facility use, including--
(a) An identification of the property;
(b) An identification of the applicant;
(c) A copy of the approved application, which defines the proposed
plan of use of the property;
(d) A statement that DOT's determination (that the property is
located in an area of serious economic disruption) was made in
consultation with the Secretary of Labor;
(e) A statement that DOT approved the economic development plan,
[[Page 67833]]
associated with the plan of use of the property, in consultation with
the Secretary of Commerce; and
(f) A copy of the explanatory statement, required under 40 U.S.C.
554(c)(2)(C).
Sec. 102-75.850 What responsibilities do landholding agencies have
concerning properties to be used in the development or operation of a
port facility?
Landholding agencies must cooperate to the fullest extent possible
with DOT representatives and the Secretary of Commerce in their
inspection of such property, and with the Secretary of Labor in
affirming that the property is in an area of serious economic
disruption, and in furnishing any information relating to such
property.
Sec. 102-75.855 What happens if DOT does not submit an assignment
recommendation?
If DOT does not submit an assignment recommendation or if it is not
received within 30 calendar days, the disposal agency must proceed with
other disposal action.
Sec. 102-75.860 What happens after the disposal agency receives the
assignment recommendation from DOT?
If, after considering other uses for the property, the disposal
agency approves the assignment recommendation from DOT, the disposal
agency must assign the property by letter or other document to DOT. If
the disposal agency disapproves the recommendation, the disposal agency
must likewise notify DOT. The disposal agency must furnish to the
landholding agency a copy of the assignment, unless the landholding
agency is also the disposal agency.
Sec. 102-75.865 What responsibilities does DOT have after receiving
the disposal agency's assignment letter?
After receiving the assignment letter from the disposal agency, DOT
must provide the disposal agency with a Notice of Proposed Transfer
within 30 calendar days after the date of the assignment letter. If the
disposal agency approves the proposed transfer within 30 calendar days
of the receipt of the Notice of Proposed Transfer, DOT may prepare the
conveyance documents and proceed with the conveyance. DOT must take all
necessary actions to accomplish the conveyance within 15 calendar days
after the expiration of the 30-calendar day period provided for the
disposal agency to consider the notice. DOT must furnish the disposal
agency two conformed copies of the instruments conveying property and
all related documents containing restrictions or conditions regulating
the future use, maintenance, or transfer of the property.
Sec. 102-75.870 Who is responsible for enforcing compliance with the
terms and conditions of the port facility conveyance?
DOT is responsible for enforcing compliance with the terms and
conditions of conveyance, including reforming, correcting, or amending
any instrument of conveyance; granting releases; and taking any
necessary actions to recapture the property following the provisions of
40 U.S.C. 554(f). Any of these actions are subject to the approval of
the head of the disposal agency. DOT must notify the head of the
disposal agency of its intent to take any proposed action, identify the
property affected, and describe in detail the proposed action,
including the reasons for the proposed action.
Sec. 102-75.875 What happens in the case of repossession by the
United States under a reversion of title for noncompliance with the
terms or conditions of conveyance?
In each case of a repossession by the United States, DOT must, at
or prior to reversion of title, provide the appropriate GSA regional
property disposal office, with a Report of Excess Real Property
(Standard Form 118) and accompanying schedules. After receiving a
statement from DOT that title to the property is proposed for
revesting, GSA will review the statement and determine if title should
be revested. If GSA, in consultation with DOT, determines that the
property should be revested, DOT must submit a Standard Form 118 to
GSA. GSA will review and act upon the Standard Form 118, if acceptable.
However, the grantee must provide protection and maintenance for the
property until the title reverts to the Federal Government, including
the period following the notice of intent to revert. Such protection
and maintenance must, at a minimum, conform to the standards prescribed
in the GSA Customer Guide to Real Property Disposal.
Negotiated Sales
Sec. 102-75.880 When may Executive agencies conduct negotiated sales?
Executive agencies may conduct negotiated sales only when--
(a) The estimated fair market value of the property does not exceed
$15,000;
(b) Bid prices after advertising are unreasonable (for all or part
of the property) or were not independently arrived at in open
competition;
(c) The character or condition of the property or unusual
circumstances make it impractical to advertise for competitive bids and
the fair market value of the property and other satisfactory terms of
disposal are obtainable by negotiation;
(d) The disposals will be to States, the Commonwealth of Puerto
Rico, possessions, political subdivisions, or tax-supported agencies
therein, and the estimated fair market value of the property and other
satisfactory terms of disposal are obtainable by negotiation.
Negotiated sales to public bodies can only be conducted if a public
benefit, which would not be realized from a competitive sale, will
result from the negotiated sale; or
(e) Negotiation is otherwise authorized by Chapter 5 of Subtitle I
of Title 40 of the United States Code or other law, such as disposals
of power transmission lines for public or cooperative power projects.
Sec. 102-75.885 What are the disposal agency's responsibilities
concerning negotiated sales?
The disposal agency must--
(a) Obtain such competition as is feasible in all negotiations of
disposals and contracts for disposal of surplus property; and
(b) Prepare and transmit an explanatory statement if the fair
market value of the property exceeds $100,000, identifying the
circumstances of each disposal by negotiation for any real property
specified in 40 U.S.C. 545(e), to the appropriate committees of the
Congress in advance of such disposal.
Sec. 102-75.890 What clause must be in the offer to purchase and
conveyance documents for negotiated sales to public agencies?
Disposal agencies must include in the offer to purchase and
conveyance documents an excess profits clause, which usually runs for 3
years, to eliminate the potential for windfall profits to public
agencies. This clause states that, if the purchaser should sell or
enter into agreements to sell the property within 3 years from the date
of title transfer by the Federal Government, all proceeds in excess of
the purchaser's costs will be remitted to the Federal Government.
Sec. 102-75.895 What wording must generally be in the excess profits
clause that is required in the offer to purchase and in the conveyance
document?
The wording of the excess profits clause should generally be as
follows:
Excess Profits Covenant for Negotiated Sales to Public Bodies
(a) This covenant shall run with the land for a period of 3
years from the date of conveyance. With respect to the property
described in this deed, if at any time within a 3-year period from
the date of transfer of title by the Grantor, the Grantee, or its
[[Page 67834]]
successors or assigns, shall sell or enter into agreements to sell
the property, either in a single transaction or in a series of
transactions, it is covenanted and agreed that all proceeds received
or to be received in excess of the Grantee's or a subsequent
seller's actual allowable costs will be remitted to the Grantor. In
the event of a sale of less than the entire property, actual
allowable costs will be apportioned to the property based on a fair
and reasonable determination by the Grantor.
(b) For purposes of this covenant, the Grantee's or a subsequent
seller's allowable costs shall include the following:
(1) The purchase price of the real property.
(2) The direct costs actually incurred and paid for improvements
that serve only the property, including road construction, storm and
sanitary sewer construction, other public facilities or utility
construction, building rehabilitation and demolition, landscaping,
grading, and other site or public improvements.
(3) The direct costs actually incurred and paid for design and
engineering services with respect to the improvements described in
(b)(2) of this section.
(4) The finance charges actually incurred and paid in
conjunction with loans obtained to meet any of the allowable costs
enumerated above.
(c) None of the allowable costs described in paragraph (b) of
this section will be deductible if defrayed by Federal grants or if
used as matching funds to secure Federal grants.
(d) To verify compliance with the terms and conditions of this
covenant, the Grantee, or its successors or assigns, shall submit an
annual report for each of the subsequent 3 years to the Grantor on
the anniversary date of this deed. Each report will identify the
property involved in this transaction and will contain such of the
following items of information as are applicable at the time of
submission:
(1) A statement indicating whether or not a resale has been
made.
(2) A description of each portion of the property that has been
resold.
(3) The sale price of each such resold portion.
(4) The identity of each purchaser.
(5) The proposed land use.
(6) An enumeration of any allowable costs incurred and paid that
would offset any realized profit.
(e) The Grantor may monitor the property and inspect records
related thereto to ensure compliance with the terms and conditions
of this covenant and may take any actions that it deems reasonable
and prudent to recover any excess profits realized through the
resale of the property.
Sec. 102-75.900 What is a negotiated sale for economic development
purposes?
A negotiated sale for economic development purposes means that the
public body purchasing the property will develop or make substantial
improvements to the property with the intention of reselling or leasing
the property in parcels to users to advance the community's economic
benefit. This type of negotiated sale is acceptable where the expected
public benefits to the community are greater than the anticipated
proceeds derived from a competitive public sale.
Explanatory Statements for Negotiated Sales
Sec. 102-75.905 When must the disposal agency prepare an explanatory
statement?
The disposal agency must prepare an explanatory statement of the
circumstances of each of the following proposed disposals by
negotiation:
(a) Any real property that has an estimated fair market value in
excess of $100,000, except that any real property disposed of by lease
or exchange is subject only to paragraphs (b) through (d) of this
section.
(b) Any real property disposed of by lease for a term of 5 years or
less, if the estimated fair annual rent is in excess of $100,000 for
any of such years.
(c) Any real property disposed of by lease for a term of more than
5 years, if the total estimated rent over the term of the lease is in
excess of $100,000.
(d) Any real property or real and related personal property
disposed of by exchange, regardless of value, or any property disposed
in which any part of the consideration is real property.
Sec. 102-75.910 Are there any exceptions to this policy of preparing
explanatory statements?
Yes, the disposal agency is not required to prepare an explanatory
statement for property authorized to be disposed of without advertising
by any provision of law other than 40 U.S.C. 545.
Sec. 102-75.915 Do disposal agencies need to retain a copy of the
explanatory statement?
Yes, disposal agencies must retain a copy of the explanatory
statement in their files.
Sec. 102-75.920 Where is the explanatory statement sent?
Disposal agencies must submit each explanatory statement to the
Administrator of General Services for review and transmittal by letter
from the Administrator of General Services to the Senate Committee on
Governmental Affairs and the House Committee on Government Reform and
any other appropriate committees of the Senate and House of
Representatives. Disposal agencies must include in the submission to
the Administrator of General Services any supporting data that may be
relevant and necessary for evaluating the proposed action.
Sec. 102-75.925 Is GSA required to furnish the disposal agency with
the explanatory statement's transmittal letter sent to Congress?
Yes, GSA must furnish copies of its transmittal letters to the
committees of the Congress (see Sec. 102-75.920) to the disposal
agency.
Sec. 102-75.930 What happens if there is no objection by an
appropriate committee or subcommittee of Congress concerning the
proposed negotiated sale?
If there is no objection, the disposal agency may consummate the
sale on or after 35 days from the date the Administrator of General
Services transmitted the explanatory statement to the committees. If
there is an objection, the disposal agency must resolve objections with
the appropriate Congressional committee or subcommittee before
consummating the sale.
Public Sales
Sec. 102-75.935 What are disposal agencies' responsibilities
concerning public sales?
Disposal agencies must make available by competitive public sale
any surplus property that is not disposed of by public benefit discount
conveyance or by negotiated sale. Awards must be made to the
responsible bidder whose bid will be most advantageous to the
Government, price and other factors considered.
Disposing of Easements
Sec. 102-75.936 When can an agency dispose of an easement?
When the use, occupancy or control of an easement is no longer
needed, agencies may release the easement to the owner of the land
subject to the easement (servient estate).
Sec. 102-75.937 Can an easement be released or disposed of at no
cost?
Yes. However, agencies must consider the Government's cost of
acquiring the easement and other factors when determining if the
easement will be disposed of with or without monetary or other
consideration. If the easement was acquired at substantial
consideration, agencies must--
(a) Determine the easement's fair market value (estimate the fair
market value of the fee land without the easement and with the easement
then compute the difference or compute the damage the easement caused
to the fee land); and
(b) Negotiate the highest obtainable price with the owner of the
servient estate to release the easement.
[[Page 67835]]
Sec. 102-75.938 May the easement and the land that benefited from the
easement (dominant estate) be disposed of separately?
Yes. If the easement is no longer needed in connection with the
dominant estate, it may be disposed of separately to the owner of the
servient estate. However, if the dominant estate is also surplus, the
easement should be disposed of with the dominant estate.
Granting Easements
Sec. 102-75.939 When can agencies grant easements?
Agencies may grant easements in, on, or over Government-owned real
property upon determining that the easement will not adversely impact
the Government's interests.
Sec. 102-75.940 Can agencies grant easements at no cost?
Yes. Easements may be granted with or without monetary or other
consideration, including any interest in real property.
Sec. 102-75.941 Does an agency retain responsibility for the
easement?
Agencies may relinquish legislative jurisdiction as deemed
necessary and desirable to the State where the real property containing
the easement is located.
Sec. 102-75.942 What must agencies consider when granting easements?
Agencies must--
(a) Determine the easement's fair market value; and
(b) Determine the remaining property's reduced or enhanced value
because of the easement.
Sec. 102-75.943 What happens if granting an easement will reduce the
value of the property?
If the easement will reduce the property's value, agencies must
grant the easement for the amount by which the property's fair market
value is decreased unless the agency determines that the Government's
best interests are served by granting the easement at either reduced or
without monetary or other consideration.
Non-Federal Interim Use of Surplus Property
Sec. 102-75.944 Can landholding agencies outlease surplus real
property for non-Federal interim use?
Yes, landholding agencies who possess independent authority to
outlease property may allow organizations to use surplus real property
awaiting disposal using either a lease or permit, only when--
(a) The lease or permit does not exceed one year and is revocable
with not more than a 30-day notice by the disposal agency;
(b) The use and occupancy will not interfere with, delay, or impede
the disposal of the property; and
(c) The agency executing the agreement is responsible for the
servicing of such property.
Subpart D--Management of Excess and Surplus Real Property
Sec. 102-75.945 What is GSA's policy concerning the physical care,
handling, protection, and maintenance of excess and surplus real
property and related personal property?
GSA's policy is to--
(a) Manage excess and surplus real property, including related
personal property, by providing only those minimum services necessary
to preserve the Government's interest and realizable value of the
property considered;
(b) Place excess and surplus real property in productive use
through interim utilization, provided, that such temporary use and
occupancy do not interfere with, delay, or impede its transfer to a
Federal agency or disposal; and
(c) Render safe or destroy aspects of excess and surplus real
property that are dangerous to the public health or safety.
Taxes and Other Obligations
Sec. 102-75.950 Who has the responsibility for paying property-
related obligations pending transfer or disposal of the property?
Except as otherwise provided in Sec. 102-75.230, the landholding
agency is still responsible for any and all operational costs and
expenses or other property-related obligations pending transfer or
disposal of the property.
Decontamination
Sec. 102-75.955 Who is responsible for decontaminating excess and
surplus real property?
The landholding agency is responsible for all expenses to the
Government and for the supervision of the decontamination of excess and
surplus real property that has been contaminated with hazardous
materials of any sort. Extreme care must be exercised in the
decontamination, management, and disposal of contaminated property in
order to prevent such properties from becoming a hazard to the general
public. The landholding agency must inform the disposal agency of any
and all hazards involved relative to such property to protect the
general public from hazards and to limit the Government's liability
resulting from disposal or mishandling of hazardous materials.
Improvements or Alterations
Sec. 102-75.960 May landholding agencies make improvements or
alterations to excess or surplus property in those cases where disposal
is otherwise not feasible?
Yes, landholding agencies may make improvements or alterations that
involve rehabilitation, reconditioning, conversion, completion,
additions, and replacements in excess or surplus structures, utilities,
installations, and land improvements, in those cases where disposal
cannot be accomplished without such improvements or alterations.
However, agencies must not enter into commitments concerning
improvements or alterations without GSA's prior approval.
Protection and Maintenance
Sec. 102-75.965 Who must perform the protection and maintenance of
excess and surplus real property pending transfer to another Federal
agency or disposal?
The landholding agency remains responsible and accountable for
excess and surplus real property, including related personal property,
and must perform the protection and maintenance of such property
pending transfer to another Federal agency or disposal. Guidelines for
protection and maintenance of excess and surplus real property are in
the GSA Customer Guide to Real Property Disposal. The landholding
agency is responsible for complying with the requirements of the
National Oil and Hazardous Substances Pollution Contingency Plan and
initiating or cooperating with others in the actions prescribed for the
prevention, containment, or remedy of hazardous conditions.
Sec. 102-75.970 How long is the landholding agency responsible for
the expense of protection and maintenance of excess and surplus real
property pending its transfer or disposal?
Generally, the landholding agency is responsible for the cost of
protection and maintenance of excess or surplus property until the
property is transferred or disposed, but not more than 15 months.
However, the landholding agency is responsible for providing and
funding protection and maintenance during any delay beyond that 15
month period, if the landholding agency--
(a) Requests deferral of the disposal beyond the 15 month period;
(b) Continues to occupy the property beyond the 15 month period to
the detriment of orderly disposal; or
[[Page 67836]]
(c) Otherwise takes actions that result in a delay in the
disposition beyond the 15 months.
Sec. 102-75.975 What happens if the property is not conveyed or
disposed of during this time frame?
If the property is not transferred to a Federal agency or disposed
of during the 15-month period mentioned in Sec. 102-75.970, then the
disposal agency must pay or reimburse the landholding agency for
protection and maintenance expenses incurred from the expiration date
of said time period to final disposal, unless--
(a) There is no written agreement between the landholding agency
and the disposal agency specifying the maximum amount of protection and
maintenance expenses for which the disposal agency is responsible;
(b) The disposal agency's appropriation, as authorized by Congress,
does not contain a provision to allow for payment and/or reimbursement
of protection and maintenance expenses; or
(c) The delay is caused by an Executive agency's request for an
exception from the 100 percent reimbursement requirement specified in
Sec. 102-75.205. In this latter case, the requesting agency becomes
responsible for protection and maintenance expenses incurred because of
the delay.
Sec. 102-75.980 Who is responsible for protection and maintenance
expenses if there is no written agreement or no Congressional
appropriation to the disposal agency?
If there is no written agreement (between the landholding agency
and the disposal agency) or no Congressional appropriation to the
disposal agency, the landholding agency is responsible for all
protection and maintenance expenses, without any right of contribution
or reimbursement from the disposal agency.
Assistance in Disposition
Sec. 102-75.985 Is the landholding agency required to assist the
disposal agency in the disposition process?
Yes, the landholding agency must cooperate with the disposal agency
in showing the property to prospective transferees or purchasers.
Unless extraordinary expenses are incurred in showing the property, the
landholding agency must absorb the entire cost of such actions.
Subpart E--Abandonment, Destruction, or Donation to Public Bodies
Sec. 102-75.990 May Federal agencies abandon, destroy, or donate to
public bodies real property?
Yes, subject to the restrictions in this subpart, any Federal
agency having control of real property that has no commercial value or
for which the estimated cost of continued care and handling exceeds the
estimated proceeds from its sale, may--
(a) Abandon or destroy Government-owned improvements and related
personal property located on privately-owned land;
(b) Destroy Government-owned improvements and related personal
property located on Government-owned land (abandonment of such property
is not authorized); or
(c) Donate to public bodies any Government-owned real property
(land and/or improvements and related personal property), or interests
therein.
Dangerous Property
Sec. 102-75.995 May Federal agencies dispose of dangerous property?
No, property that is dangerous to public health or safety must be
made harmless or have adequate safeguards in place before it can be
abandoned, destroyed, or donated to public bodies.
Determinations
Sec. 102-75.1000 How is the decision made to abandon, destroy, or
donate property?
No property shall be abandoned, destroyed, or donated by a Federal
agency under Sec. 102-75.990, unless a duly authorized official of
that agency determines, in writing, that--
(a) The property has no commercial value; or
(b) The estimated cost of its continued care and handling exceeds
the estimated proceeds from its sale.
Sec. 102-75.1005 Who can make the determination within the Federal
agency on whether a property can be abandoned, destroyed, or donated?
Only a duly authorized official of that agency not directly
accountable for the subject property can make the determination.
Sec. 102-75.1010 When is a reviewing authority required to approve
the determination concerning a property that is to be abandoned,
destroyed, or donated?
A reviewing authority must approve determinations made under Sec.
102-75.1000 before any such disposal, whenever all the property
proposed to be disposed of by a Federal agency has a current estimated
fair market value of more than $50,000.
Restrictions
Sec. 102-75.1015 Are there any restrictions on Federal agencies
concerning property donations to public bodies?
Yes, Federal agencies must obtain prior concurrence of GSA before
donating to public bodies--
(a) Improvements on land or related personal property having a
current estimated fair market value in excess of $250,000; and
(b) Land, regardless of cost.
Disposal Costs
Sec. 102-75.1020 Are public bodies ever required to pay the disposal
costs associated with donated property?
Yes, any public body receiving donated improvements on land or
related personal property must pay the disposal costs associated with
the donation, such as dismantling, removal, and the cleaning up of the
premises.
Abandonment and Destruction
Sec. 102-75.1025 When can a Federal agency abandon or destroy
improvements on land or related personal property in lieu of donating
it to a public body?
A Federal agency may not abandon or destroy improvements on land or
related personal property unless a duly authorized official of that
agency finds, in writing, that donating the property is not feasible.
This written finding is in addition to the determination prescribed in
Sec. Sec. 102-75.1000, 102-75.1005, and 102-75.1010. If donating the
property becomes feasible at any time prior to actually abandoning or
destroying the property, the Federal agency must donate it.
Sec. 102-75.1030 May Federal agencies abandon or destroy property in
any manner they decide?
No, Federal agencies may not abandon or destroy property in a
manner that is detrimental or dangerous to public health or safety or
that will infringe on the rights of other persons.
Sec. 102-75.1035 Are there any restrictions on Federal agencies
concerning the abandonment or destruction of improvements on land or
related personal property?
Yes, GSA must concur in an agency's abandonment or destruction of
improvements on land or related personal property prior to abandoning
or destroying such improvements on land or related personal property--
(a) That are of permanent type construction; or
(b) The retention of which would enhance the value of the
underlying
[[Page 67837]]
land, if it were to be made available for sale or lease.
Sec. 102-75.1040 May Federal agencies abandon or destroy improvements
on land or related personal property before public notice is given of
such proposed abandonment or destruction?
Except as provided in Sec. 102-75.1045, a Federal agency must not
abandon or destroy improvements on land or related personal property
until after it has given public notice of the proposed abandonment or
destruction. This notice must be given in the area in which the
property is located, must contain a general description of the property
to be abandoned or destroyed, and must include an offering of the
property for sale. A copy of the notice must be given to the GSA
regional property disposal office for the region in which the property
is located.
Sec. 102-75.1045 Are there exceptions to the policy that requires
public notice be given before Federal agencies abandon or destroy
improvements on land or related personal property?
Yes, property can be abandoned or destroyed without public notice
if--
(a) Its value is so low or the cost of its care and handling so
great that retaining the property to post public notice is clearly not
economical;
(b) Health, safety, or security considerations require its
immediate abandonment or destruction; or
(c) The assigned mission of the agency might be jeopardized by the
delay, and a duly authorized Federal agency official finds in writing,
with respect to paragraph (a), (b), or (c) of this section, and a
reviewing authority approves this finding. The finding must be in
addition to the determinations prescribed in Sec. Sec. 102-75.1000,
102-75.1005, 102-75.1010, and 102-75.1025.
Sec. 102-75.1050 Is there any property for which this subpart does
not apply?
Yes, this subpart does not apply to surplus property assigned for
disposal to educational or public health institutions pursuant to 40
U.S.C. 550(c) or (d).
Subpart F--Delegations
Delegation to the Department of Defense (DoD)
Sec. 102-75.1055 What is the policy governing delegations of real
property disposal authority to the Secretary of Defense?
GSA delegates to the Secretary of Defense the authority to
determine that Federal agencies do not need Department of Defense
controlled excess real property and related personal property having a
total estimated fair market value, including all the component units of
the property, of less than $50,000; and to dispose of the property by
means deemed most advantageous to the United States.
Sec. 102-75.1060 What must the Secretary of Defense do before
determining that DoD-controlled excess real property and related
personal property is not required for the needs of any Federal agency
and prior to disposal?
The Secretary must conduct a Federal screening to determine that
there is no further Federal need or requirement for the property.
Sec. 102-75.1065 When using a delegation of real property disposal
authority under this subpart, is DoD required to report excess property
to GSA?
No, although the authority in this delegation must be used
following the provisions of Chapter 5 of Subtitle I of Title 40 of the
United States Code and its implementing regulations.
Sec. 102-75.1070 Can this delegation of authority to the Secretary of
Defense be redelegated?
Yes, the Secretary of Defense may redelegate the authority
delegated in Sec. 102-75.1055 to any officer or employee of the
Department of Defense.
Delegation to the Department of Agriculture (USDA)
Sec. 102-75.1075 What is the policy governing delegations of real
property disposal authority to the Secretary of Agriculture?
GSA delegates authority to the Secretary of Agriculture to
determine that Federal agencies do not need USDA-controlled excess real
property and related personal property having a total estimated fair
market value, including all the component units of the property, of
less than $50,000; and to dispose of the property by means deemed most
advantageous to the United States.
Sec. 102-75.1080 What must the Secretary of Agriculture do before
determining that USDA-controlled excess real property and related
personal property is not required for the needs of any Federal agency
and prior to disposal?
The Secretary must conduct a Federal screening to determine that
there is no further Federal need or requirement for the property.
Sec. 102-75.1085 When using a delegation of real property disposal
authority under this subpart, is USDA required to report excess
property to GSA?
No, although the authority in this delegation must be used
following the provisions of Chapter 5 of Subtitle I of Title 40 of the
United States Code and its implementing regulations.
Sec. 102-75.1090 Can this delegation of authority to the Secretary of
Agriculture be redelegated?
Yes, the Secretary of Agriculture may redelegate authority
delegated in Sec. 102-75.1075 to any officer or employee of the
Department of Agriculture.
Delegation to the Department of the Interior
Sec. 102-75.1095 What is the policy governing delegations of
authority to the Secretary of the Interior?
GSA delegates authority to the Secretary of the Interior to--
(a) Maintain custody, control, and accountability for mineral
resources in, on, or under Federal real property that the Administrator
or his designee occasionally designates as currently utilized, excess,
or surplus to the Government's needs;
(b) Dispose of mineral resources by lease and to administer those
leases that are made; and
(c) Determine that Federal agencies do not need Department of the
Interior controlled excess real property and related personal property
with an estimated fair market value, including all components of the
property, of less than $50,000; and to dispose of the property by means
most advantageous to the United States.
Sec. 102-75.1100 Can this delegation of authority to the Secretary of
the Interior be redelegated?
Yes, the Secretary of the Interior may redelegate this authority to
any officer, official, or employee of the Department of the Interior.
Sec. 102-75.1105 What other responsibilities does the Secretary of
the Interior have under this delegation of authority?
Under this authority, the Secretary of the Interior is responsible
for--
(a) Maintaining proper inventory records, as head of the
landholding agency;
(b) Monitoring the minerals as necessary, as head of the
landholding agency, to prevent unauthorized mining or removal of the
minerals;
(c) Securing any appraisals deemed necessary by the Secretary;
(d) Coordinating with all surface landowners, Federal or otherwise,
to prevent unnecessary interference with the surface use;
(e) Restoring damaged or disturbed lands after removal of the
mineral deposits;
(f) Notifying the Administrator of General Services when the
disposal of
[[Page 67838]]
all marketable mineral deposits is complete;
(g) Complying with the applicable environmental laws and
regulations, including the National Environmental Policy Act of 1969,
as amended (42 U.S.C. 4321 et seq.); and the implementing regulations
issued by the Council on Environmental Quality (40 CFR part 1500);
section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470f); and the Coastal Zone Management Act of 1972
(16 U.S.C. 1451 et seq.) and the Department of Commerce implementing
regulations (15 CFR parts 923 and 930);
(h) Forwarding promptly to the Administrator of General Services
copies of any agreements executed under this authority; and
(i) Providing the Administrator of General Services with an annual
accounting of the proceeds received from leases executed under this
authority.
Native American-Related Delegations
Sec. 102-75.1110 What is the policy governing delegations of
authority to the Secretary of the Interior, the Secretary of Health and
Human Services, and the Secretary of Education for property used in the
administration of any Native American-related functions?
GSA delegates authority to the Secretary of the Interior, the
Secretary of Health and Human Services, and the Secretary of Education
to transfer and to retransfer to each other, upon request, any of the
property of each agency that is being used and will continue to be used
in the administration of any functions relating to the Native
Americans. The term property, as used in this delegation, includes real
property and such personal property as the Secretary making the
transfer or re-transfer determines to be related personal property. The
Departments must exercise the authority conferred in this section
following applicable GSA regulations issued pursuant to the provisions
of Chapter 5 of Subtitle I of Title 40 of the United States Code.
Sec. 102-75.1115 Are there any limitations or restrictions on this
delegation of authority?
This authority must be used only in connection with property that
the appropriate Secretary determines--
(a) Comprises a functional unit;
(b) Is located within the United States; and
(c) Has an acquisition cost of $100,000 or less, provided that the
transfer or retransfer does not include property situated in any area
that is recognized as an urban area or place as identified by the most
recent decennial census.
Sec. 102-75.1120 Does the property have to be Federally screened?
No, screening is not required because it would accomplish no useful
purpose, since the property subject to transfer or retransfer will
continue to be used in the administration of any functions relating to
Native Americans.
Sec. 102-75.1125 Can the transfer/retransfer under this delegation be
at no cost or without consideration?
Yes, transfers/retransfers under this delegation can be at no cost
or without consideration, except--
(a) Where funds programmed and appropriated for acquisition of the
property are available to the Secretary requesting the transfer or
retransfer; or
(b) Whenever reimbursement at fair market value is required by
subpart B of this part (entitled ``Utilization of Excess Real
Property'').
Sec. 102-75.1130 What action must the Secretary requesting the
transfer take where funds were not programmed and appropriated for
acquisition of the property?
The Secretary requesting the transfer or retransfer must certify in
writing that no funds are available to acquire the property. The
Secretary transferring or retransferring the property may make any
determination necessary that would otherwise be made by GSA to carry
out the authority contained in this delegation.
Sec. 102-75.1135 May this delegation of authority to the Secretary of
the Interior, the Secretary of Health and Human Services, and the
Secretary of Education be redelegated?
Yes, the Secretary of the Interior, the Secretary of Health and
Human Services, and the Secretary of Education may redelegate any of
the authority contained in this delegation to any officers or employees
of their respective departments.
Subpart G--Conditional Gifts of Real Property to Further the
Defense Effort
Sec. 102-75.1140 What is the policy governing the acceptance or
rejection of a conditional gift of real property for a particular
defense purpose?
Any Federal agency receiving an offer of a conditional gift of real
property for a particular defense purpose within the purview of Chapter
582-Public Law 537 (July 27, 1954) must notify the appropriate GSA
regional property disposal office and must submit to GSA a
recommendation indicating whether the Government should accept or
reject the gift. Nothing in this subpart shall be construed as
applicable to the acceptance of gifts under the provisions of other
laws. Following receipt of such notification and recommendation, GSA
must--
(a) Consult with the interested agencies before it may accept or
reject such conditional gifts of real property on behalf of the United
States or before it transfers such conditional gifts of real property
to an agency; and
(b) Advise the donor and the agencies concerned of the action taken
with respect to acceptance or rejection of the conditional gift and of
its final disposition.
Sec. 102-75.1145 What action must the Federal agency receiving an
offer of a conditional gift take?
Prior to notifying the appropriate GSA regional property disposal
office, the receiving Federal agency must acknowledge receipt of the
offer in writing and advise the donor that the offer will be referred
to the appropriate GSA regional property disposal office. The receiving
agency must not indicate acceptance or rejection of the gift on behalf
of the United States at this time. The receiving agency must provide a
copy of the acknowledgment with the notification and recommendation to
the GSA regional property disposal office.
Sec. 102-75.1150 What happens to the gift if GSA determines it to be
acceptable?
When GSA determines that the gift is acceptable and can be accepted
and used in the form in which it was offered, GSA must designate an
agency and transfer the gift without reimbursement to this agency to
use as the donor intended.
Sec. 102-75.1155 May an acceptable gift of property be converted to
money?
GSA can determine whether or not a gift of property can and should
be converted to money. After conversion, GSA must deposit the funds
with the Treasury Department for transfer to an appropriate account
that will best effectuate the intent of the donor, in accordance with
Treasury Department procedures.
Subpart H--Use of Federal Real Property to Assist the Homeless
Definitions
Sec. 102-75.1160 What definitions apply to this subpart?
Applicant means any representative of the homeless that has
submitted an application to the Department of Health and Human Services
to obtain use of a particular suitable property to assist the homeless.
Checklist or property checklist means the form developed by HUD for
use by landholding agencies to report the
[[Page 67839]]
information to be used by HUD in making determinations of suitability.
Classification means a property's designation as unutilized,
underutilized, excess, or surplus.
Day means one calendar day, including weekends and holidays.
Eligible organization means a State, unit of local government, or a
private, non-profit organization that provides assistance to the
homeless, and that is authorized by its charter or by State law to
enter into an agreement with the Federal Government for use of real
property for the purposes of this subpart. Representatives of the
homeless interested in receiving a deed for a particular piece of
surplus Federal property must be section 501(c)(3) tax exempt.
Excess property means any property under the control of any
Executive agency that is not required for the agency's needs or the
discharge of its responsibilities, as determined by the head of the
agency pursuant to 40 U.S.C. 524.
GSA means the United States General Services Administration.
HHS means the United States Department of Health and Human
Services.
Homeless means--
(1) An individual or family that lacks a fixed, regular, and
adequate nighttime residence; or
(2) An individual or family that has a primary nighttime residence
that is--
(i) A supervised publicly or privately operated shelter designed to
provide temporary living accommodations (including welfare hotels,
congregate shelters, and transitional housing for the mentally ill);
(ii) An institution that provides a temporary residence for
individuals intended to be institutionalized; or
(iii) A public or private place not designed for, or ordinarily
used as, a regular sleeping accommodation for human beings. This term
does not include any individual imprisoned or otherwise detained under
an Act of Congress or a State law.
HUD means the United States Department of Housing and Urban
Development.
ICH means the Interagency Council on the Homeless.
Landholding agency means a Federal department or agency with
statutory authority to control real property.
Lease means an agreement between either HHS for surplus property,
or landholding agencies in the case of non-excess properties or
properties subject to the Base Closure and Realignment Act (Pub. L.
100-526, 10 U.S.C. 2687), and the applicant, giving rise to the
relationship of lessor and lessee for the use of Federal real property
for a term of at least one year under the conditions set forth in the
lease document.
Non-profit organization means an organization, no part of the net
earnings of which inures to the benefit of any member, founder,
contributor, or individual; that has a voluntary board; that has an
accounting system or has designated an entity that will maintain a
functioning accounting system for the organization in accordance with
generally accepted accounting procedures; and that practices
nondiscrimination in the provision of assistance.
Permit means a license granted by a landholding agency to use
unutilized or underutilized property for a specific amount of time
under terms and conditions determined by the landholding agency.
Property means real property consisting of vacant land or
buildings, or a portion thereof, that is excess, surplus, or designated
as unutilized or underutilized in surveys by the heads of landholding
agencies conducted pursuant to 40 U.S.C. 524.
Regional Homeless Coordinator means a regional coordinator of the
Interagency Council on the Homeless.
Representative of the Homeless means a State or local government
agency, or private non-profit organization that provides, or proposes
to provide, services to the homeless.
Screen means the process by which GSA surveys Federal agencies, or
State, local and non-profit entities, to determine if any such entity
has an interest in using excess Federal property to carry out a
particular agency mission or a specific public use.
State Homeless Coordinator means a State contact person designated
by a State to receive and disseminate information and communications
received from the Interagency Council on the Homeless in accordance
with the McKinney-Vento Homeless Assistance Act of 1987, as amended (42
U.S.C. 11320).
Suitable property means that HUD has determined that a particular
property satisfies the criteria listed in Sec. 102-75.1185.
Surplus property means any excess real property not required by any
Federal landholding agency for its needs or the discharge of its
responsibilities, as determined by the Administrator of GSA.
Underutilized means an entire property or portion thereof, with or
without improvements, which is used only at irregular periods or
intermittently by the accountable landholding agency for current
program purposes of that agency, or which is used for current program
purposes that can be satisfied with only a portion of the property.
Unsuitable property means that HUD has determined that a particular
property does not satisfy the criteria in Sec. 102-75.1185.
Unutilized property means an entire property or portion thereof,
with or without improvements, not occupied for current program purposes
for the accountable Executive agency or occupied in caretaker status
only.
Applicability
Sec. 102-75.1165 What is the applicability of this subpart?
(a) This part applies to Federal real property that has been
designated by Federal landholding agencies as unutilized,
underutilized, excess, or surplus, and is, therefore, subject to the
provisions of title V of the McKinney-Vento Homeless Assistance Act, as
amended (42 U.S.C. 11411).
(b) The following categories of properties are not subject to this
subpart (regardless of whether they may be unutilized or
underutilized):
(1) Machinery and equipment.
(2) Government-owned, contractor-operated machinery, equipment,
land, and other facilities reported excess for sale only to the using
contractor and subject to a continuing military requirement.
(3) Properties subject to special legislation directing a
particular action.
(4) Properties subject to a court order.
(5) Property not subject to survey requirements of Executive Order
12512 (April 29, 1985).
(6) Mineral rights interests.
(7) Air Space interests.
(8) Indian Reservation land subject to 40 U.S.C. 523.
(9) Property interests subject to reversion.
(10) Easements.
(11) Property purchased in whole or in part with Federal funds, if
title to the property is not held by a Federal landholding agency as
defined in this part.
Collecting the Information
Sec. 102-75.1170 How will information be collected?
(a) Canvass of landholding agencies. On a quarterly basis, HUD will
canvass landholding agencies to collect information about property
described as unutilized, underutilized, excess, or surplus in surveys
conducted by the agencies under 40 U.S.C. 524, Executive Order 12512,
and subpart H of this part.
[[Page 67840]]
Each canvass will collect information on properties not previously
reported and about property reported previously the status or
classification of which has changed or for which any of the information
reported on the property checklist has changed.
(1) HUD will request descriptive information on properties
sufficient to make a reasonable determination, under the criteria
described below, of the suitability of a property for use as a facility
to assist the homeless.
(2) HUD will direct landholding agencies to respond to requests for
information within 25 days of receipt of such requests.
(b) Agency annual report. By December 31 of each year, each
landholding agency must notify HUD regarding the current availability
status and classification of each property controlled by the agency
that--
(1) Was included in a list of suitable properties published that
year by HUD; and
(2) Remains available for application for use to assist the
homeless, or has become available for application during that year.
(c) GSA inventory. HUD will collect information, in the same manner
as described in paragraph (a) of this section, from GSA regarding
property that is in GSA's current inventory of excess or surplus
property.
(d) Change in status. If the information provided on the property
checklist changes subsequent to HUD's determination of suitability, and
the property remains unutilized, underutilized, excess or surplus, the
landholding agency must submit a revised property checklist in response
to the next quarterly canvass. HUD will make a new determination of
suitability and, if it differs from the previous determination,
republish the property information in the Federal Register. For
example, property determined unsuitable for national security concerns
may no longer be subject to security restrictions, or property
determined suitable may subsequently be found to be contaminated.
Suitability Determination
Sec. 102-75.1175 Who issues the suitability determination?
(a) Suitability determination. Within 30 days after the receipt of
information from landholding agencies regarding properties that were
reported pursuant to the canvass described in Sec. 102-75.1170(a), HUD
will determine, under criteria set forth in Sec. 102-75.1185, which
properties are suitable for use as facilities to assist the homeless
and report its determination to the landholding agency. Properties that
are under lease, contract, license, or agreement by which a Federal
agency retains a real property interest or which are scheduled to
become unutilized or underutilized will be reviewed for suitability no
earlier than six months prior to the expected date when the property
will become unutilized or underutilized, except that properties subject
to the Base Closure and Realignment Act may be reviewed up to eighteen
months prior to the expected date when the property will become
unutilized or underutilized.
(b) Scope of suitability. HUD will determine the suitability of a
property for use as a facility to assist the homeless without regard to
any particular use.
(c) Environmental information. HUD will evaluate the environmental
information contained in property checklists forwarded to HUD by the
landholding agencies solely for the purpose of determining suitability
of properties under the criteria in Sec. 102-75.1185.
(d) Written record of suitability determination. HUD will assign an
identification number to each property reviewed for suitability. HUD
will maintain a written public record of the following:
(1) The suitability determination for a particular piece of
property, and the reasons for that determination; and
(2) The landholding agency's response to the determination pursuant
to the requirements of Sec. 102-75.1190(a).
(e) Property determined unsuitable. Property that is reviewed by
HUD under this section and that is determined unsuitable for use to
assist the homeless may not be made available for any other purpose for
20 days after publication in the Federal Register of a notice of
unsuitability to allow for review of the determination at the request
of a representative of the homeless.
(f) Procedures for appealing unsuitability determinations. (1) To
request review of a determination of unsuitability, a representative of
the homeless must contact HUD within 20 days of publication of notice
in the Federal Register that a property is unsuitable. Requests may be
submitted to HUD in writing or by calling 1-800-927-7588 (Toll Free).
Written requests must be received no later than 20 days after notice of
unsuitability is published in the Federal Register.
(2) Requests for review of a determination of unsuitability may be
made only by representatives of the homeless, as defined in Sec. 102-
75.1160.
(3) The request for review must specify the grounds on which it is
based, i.e., that HUD has improperly applied the criteria or that HUD
has relied on incorrect or incomplete information in making the
determination (e.g., that property is in a floodplain but not in a
floodway).
(4) Upon receipt of a request to review a determination of
unsuitability, HUD will notify the landholding agency that such a
request has been made, request that the agency respond with any
information pertinent to the review, and advise the agency that it
should refrain from initiating disposal procedures until HUD has
completed its reconsideration regarding unsuitability.
(i) HUD will act on all requests for review within 30 days of
receipt of the landholding agency's response and will notify the
representative of the homeless and the landholding agency in writing of
its decision.
(ii) If a property is determined suitable as a result of the
review, HUD will request the landholding agency's determination of
availability pursuant to Sec. 102-75.1190(a), upon receipt of which
HUD will promptly publish the determination in the Federal Register. If
the determination of unsuitability stands, HUD will inform the
representative of the homeless of its decision.
Real Property Reported Excess to GSA
Sec. 102-75.1180 For the purposes of this subpart, what is the policy
concerning real property reported excess to GSA?
(a) Each landholding agency must submit a report to GSA of
properties it determines excess. Each landholding agency must also
provide a copy of HUD's suitability determination, if any, including
HUD's identification number for the property.
(b) If a landholding agency reports a property to GSA that has been
reviewed by HUD for homeless assistance suitability and HUD determined
the property suitable, GSA will screen the property pursuant to Sec.
102-75.1180(g) and will advise HUD of the availability of the property
for use by the homeless as provided in Sec. 102-75.1180(e). In lieu of
the above, GSA may submit a new checklist to HUD and follow the
procedures in Sec. 102-75.1180(c) through Sec. 102-75.1180(g).
(c) If a landholding agency reports a property to GSA that has not
been reviewed by HUD for homeless assistance suitability, GSA will
complete a property checklist, based on information provided by the
landholding agency, and will forward this checklist to HUD for a
suitability determination. This checklist will
[[Page 67841]]
reflect any change in classification, i.e., from unutilized or
underutilized to excess.
(d) Within 30 days after GSA's submission, HUD will advise GSA of
the suitability determination.
(e) When GSA receives a letter from HUD listing suitable excess
properties in GSA's inventory, GSA will transmit to HUD within 45 days
a response that includes the following for each identified property:
(1) A statement that there is no other compelling Federal need for
the property and, therefore, the property will be determined surplus;
or
(2) A statement that there is further and compelling Federal need
for the property (including a full explanation of such need) and that,
therefore, the property is not presently available for use to assist
the homeless.
(f) When an excess property is determined suitable and available
and notice is published in the Federal Register, GSA will concurrently
notify HHS, HUD, State and local government units, known homeless
assistance providers that have expressed interest in the particular
property, and other organizations, as appropriate, concerning suitable
properties.
(g) Upon submission of a Report of Excess to GSA, GSA may screen
the property for Federal use. In addition, GSA may screen State and
local governmental units and eligible non-profit organizations to
determine interest in the property in accordance with current
regulations. (See GSA Customer Guide to Real Property Disposal.)
(h) The landholding agency will retain custody and accountability
and will protect and maintain any property that is reported excess to
GSA as provided in Sec. 102-75.965.
Suitability Criteria
Sec. 102-75.1185 What are suitability criteria?
(a) All properties, buildings, and land will be determined suitable
unless a property's characteristics include one or more of the
following conditions:
(1) National security concerns. A property located in an area to
which the general public is denied access in the interest of national
security (e.g., where a special pass or security clearance is a
condition of entry to the property) will be determined unsuitable.
Where alternative access can be provided for the public without
compromising national security, the property will not be determined
unsuitable on this basis.
(2) Property containing flammable or explosive materials. A
property located within 2,000 feet of an industrial, commercial, or
Federal facility handling flammable or explosive material (excluding
underground storage) will be determined unsuitable. Above ground
containers with a capacity of 100 gallons or less, or larger containers
that provide the heating or power source for the property, and that
meet local safety, operation, and permitting standards, will not affect
whether a particular property is determined suitable or unsuitable.
Underground storage, gasoline stations, and tank trucks are not
included in this category, and their presence will not be the basis of
an unsuitability determination unless there is evidence of a threat to
personal safety as provided in paragraph (a)(5) of this section.
(3) Runway clear zone and military airfield clear zone. A property
located within an airport runway clear zone or military airfield clear
zone will be determined unsuitable.
(4) Floodway. A property located in the floodway of a 100-year
floodplain will be determined unsuitable. If the floodway has been
contained or corrected, or if only an incidental portion of the
property not affecting the use of the remainder of the property is in
the floodway, the property will not be determined unsuitable.
(5) Documented deficiencies. A property with a documented and
extensive condition(s) that represents a clear threat to personal
physical safety will be determined unsuitable. Such conditions may
include, but are not limited to, contamination, structural damage,
extensive deterioration, friable asbestos, PCBs, natural hazardous
substances such as radon, periodic flooding, sinkholes, or earth
slides.
(6) Inaccessible. A property that is inaccessible will be
determined unsuitable. An inaccessible property is one that is not
accessible by road (including property on small off-shore islands) or
is land locked (e.g., can be reached only by crossing private property
and there is no established right or means of entry).
(b) [Reserved]
Determination of Availability
Sec. 102-75.1190 What is the policy concerning determination of
availability statements?
(a) Within 45 days after receipt of a letter from HUD pursuant to
Sec. 102-75.1170(a), each landholding agency must transmit to HUD a
statement of one of the following:
(1) In the case of unutilized or underutilized property--
(i) An intention to declare the property excess;
(ii) An intention to make the property available for use to assist
the homeless; or
(iii) The reasons why the property cannot be declared excess or
made available for use to assist the homeless. The reasons given must
be different than those listed as suitability criteria in Sec. 102-
75.1185.
(2) In the case of excess property that had previously been
reported to GSA--
(i) A statement that there is no compelling Federal need for the
property and that, therefore, the property will be determined surplus;
or
(ii) A statement that there is a further and compelling Federal
need for the property (including a full explanation of such need) and
that, therefore, the property is not presently available for use to
assist the homeless.
(b) [Reserved]
Public Notice of Determination
Sec. 102-75.1195 What is the policy concerning making public the
notice of determination?
(a) No later than 15 days after the last-45 day period has elapsed
for receiving responses from the landholding agencies regarding
availability, HUD will publish in the Federal Register a list of all
properties reviewed, including a description of the property, its
address, and classification. The following designations will be made:
(1) Properties that are suitable and available.
(2) Properties that are suitable and unavailable.
(3) Properties that are suitable and to be declared excess.
(4) Properties that are unsuitable.
(b) Information about specific properties can be obtained by
contacting HUD at the following toll free number: 1-800-927-7588.
(c) HUD will transmit to the ICH a copy of the list of all
properties published in the Federal Register. The ICH will immediately
distribute to all state and regional homeless coordinators area-
relevant portions of the list. The ICH will encourage the state and
regional homeless coordinators to disseminate this information widely.
(d) No later than February 15 of each year, HUD will publish in the
Federal Register a list of all properties reported pursuant to Sec.
102-75.1170(b).
(e) HUD will publish an annual list of properties determined
suitable, but that agencies reported unavailable, including the reasons
such properties are not available.
(f) Copies of the lists published in the Federal Register will be
available for
[[Page 67842]]
review by the public in the HUD headquarters building library (room
8141); area-relevant portions of the lists will be available in the HUD
regional offices and in major field offices.
Application Process
Sec. 102-75.1200 How may representatives of the homeless apply for
the use of properties to assist the homeless?
(a) Holding period. (1) Properties published as available for
application for use to assist the homeless shall not be available for
any other purpose for a period of 60 days beginning on the date of
publication. Any representative of the homeless interested in any
underutilized, unutilized, excess or surplus Federal property for use
as a facility to assist the homeless must send to HHS a written
expression of interest in that property within 60 days after the
property has been published in the Federal Register.
(2) If a written expression of interest to apply for suitable
property for use to assist the homeless is received by HHS within the
60-day holding period, such property may not be made available for any
other purpose until the date HHS or the appropriate landholding agency
has completed action on the application submitted pursuant to that
expression of interest.
(3) The expression of interest should identify the specific
property, briefly describe the proposed use, the name of the
organization, and indicate whether it is a public body or a private,
non-profit organization. The expression of interest must be sent to the
Division of Health Facilities Planning (DHFP) of the Department of
Health and Human Services at the following address: Director, Division
of Health Facilities Planning, Public Health Service, Room 17A-10,
Parklawn Building, 5600 Fishers Lane, Rockville, Maryland 20857. HHS
will notify the landholding agency (for unutilized and underutilized
properties) or GSA (for excess and surplus properties) when an
expression of interest has been received for a particular property.
(4) An expression of interest may be sent to HHS any time after the
60-day holding period has expired. In such a case, an application
submitted pursuant to this expression of interest may be approved for
use by the homeless if--
(i) No application or written expression of interest has been made
under any law for use of the property for any purpose; and
(ii) In the case of excess or surplus property, GSA has not
received a bona fide offer to purchase that property or advertised for
the sale of the property by public auction.
(b) Application requirements. Upon receipt of an expression of
interest, DHFP will send an application packet to the interested
entity. The application packet requires the applicant to provide
certain information, including the following:
(1) Description of the applicant organization. The applicant must
document that it satisfies the definition of a ``representative of the
homeless,'' as specified in Sec. 102-75.1160. The applicant must
document its authority to hold real property. Private, non-profit
organizations applying for deeds must document that they are section
501(c)(3) tax-exempt.
(2) Description of the property desired. The applicant must
describe the property desired and indicate that any modifications made
to the property will conform to local use restrictions, except for, in
the case of leasing the property, local zoning regulations.
(3) Description of the proposed program. The applicant must fully
describe the proposed program and demonstrate how the program will
address the needs of the homeless population to be assisted. The
applicant must fully describe what modifications will be made to the
property before the program becomes operational.
(4) Ability to finance and operate the proposed program. The
applicant must specifically describe all anticipated costs and sources
of funding for the proposed program. The applicant must indicate that
it can assume care, custody, and maintenance of the property and that
it has the necessary funds or the ability to obtain such funds to carry
out the approved program of use for the property.
(5) Compliance with non-discrimination requirements. Each applicant
and lessee under this part must certify in writing that it will comply
with the requirements of the Fair Housing Act (42 U.S.C. 3601-3619) and
implementing regulations; and as applicable, Executive Order 11063
(Equal Opportunity in Housing) and implementing regulations; Title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000d to d-4)
(Nondiscrimination in Federally-Assisted Programs) and implementing
regulations; the prohibitions against discrimination on the basis of
age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and
implementing regulations; and the prohibitions against otherwise
qualified individuals with handicaps under section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing
regulations. The applicant must state that it will not discriminate on
the basis of race, color, national origin, religion, sex, age, familial
status, or disability in the use of the property, and will maintain the
required records to demonstrate compliance with Federal laws.
(6) Insurance. The applicant must certify that it will insure the
property against loss, damage, or destruction in accordance with the
requirements of 45 CFR Sec. 12.9.
(7) Historic preservation. Where applicable, the applicant must
provide information that will enable HHS to comply with Federal
historic preservation requirements.
(8) Environmental information. The applicant must provide
sufficient information to allow HHS to analyze the potential impact of
the applicant's proposal on the environment, in accordance with the
instructions provided with the application packet. HHS will assist
applicants in obtaining any pertinent environmental information in the
possession of HUD, GSA, or the landholding agency.
(9) Local government notification. The applicant must indicate that
it has informed, in writing, the applicable unit of general local
government responsible for providing sewer, water, police, and fire
services of its proposed program.
(10) Zoning and local use restrictions. The applicant must indicate
that it will comply with all local use restrictions, including local
building code requirements. Any applicant applying for a lease or
permit for a particular property is not required to comply with local
zoning requirements. Any applicant applying for a deed of a particular
property, pursuant to Sec. 102-75.1200(b)(3), must comply with local
zoning requirements, as specified in 45 CFR part 12.
(c) Scope of evaluations. Due to the short time frame imposed for
evaluating applications, HHS' evaluation will, generally, be limited to
the information contained in the application.
(d) Deadline. Completed applications must be received by DHFP, at
the above address, within 90 days after an expression of interest is
received from a particular applicant for that property. Upon written
request from the applicant, HHS may grant extensions, provided that the
appropriate landholding agency concurs with the extension. Because each
applicant will have a different deadline based on the date the
applicant submitted an expression of interest, applicants should
contact the individual landholding agency to confirm that a particular
property remains available prior to submitting an application.
(e) Evaluations. (1) Upon receipt of an application, HHS will
review it for
[[Page 67843]]
completeness and, if incomplete, may return it or ask the applicant to
furnish any missing or additional required information prior to final
evaluation of the application.
(2) HHS will evaluate each completed application within 25 days of
receipt and will promptly advise the applicant of its decision.
Applications are evaluated on a first-come, first-serve basis. HHS will
notify all organizations that have submitted expressions of interest
for a particular property regarding whether the first application
received for that property has been approved or disapproved. All
applications will be reviewed on the basis of the following elements,
which are listed in descending order of priority, except that
paragraphs (e)(2)(iv) and (e)(2)(v) of this section are of equal
importance:
(i) Services offered. The extent and range of proposed services,
such as meals, shelter, job training, and counseling.
(ii) Need. The demand for the program and the degree to which the
available property will be fully utilized.
(iii) Implementation time. The amount of time necessary for the
proposed program to become operational.
(iv) Experience. Demonstrated prior success in operating similar
programs and recommendations attesting to that fact by Federal, State,
and local authorities.
(v) Financial ability. The adequacy of funding that will likely be
available to run the program fully and properly and to operate the
facility.
(3) Additional evaluation factors may be added as deemed necessary
by HHS. If additional factors are added, the application packet will be
revised to include a description of these additional factors.
(4) If HHS receives one or more competing applications for a
property within 5 days of the first application, HHS will evaluate all
completed applications simultaneously. HHS will rank approved
applications based on the elements listed in Sec. 102-75.1200(e)(2)
and notify the landholding agency, or GSA, as appropriate, of the
relative ranks.
Action on Approved Applications
Sec. 102-75.1205 What action must be taken on approved applications?
(a) Unutilized and underutilized properties. (1) When HHS approves
an application, it will so notify the applicant and forward a copy of
the application to the landholding agency. The landholding agency will
execute the lease, or permit document, as appropriate, in consultation
with the applicant.
(2) The landholding agency maintains the discretion to decide the
following:
(i) The length of time the property will be available. (Leases and
permits will be for a period of at least one year, unless the applicant
requests a shorter term.)
(ii) Whether to grant use of the property pursuant to a lease or
permit.
(iii) The terms and conditions of the lease or permit document.
(b) Excess and surplus properties. (1) When HHS approves an
application, it will so notify the applicant and request that GSA
assign the property to HHS for leasing. Upon receipt of the assignment,
HHS will execute a lease in accordance with the procedures and
requirements set out in 45 CFR part 12. In accordance with Sec. 102-
75.965, custody and accountability of the property will remain
throughout the lease term with the agency that initially reported the
property as excess.
(2) Prior to assignment to HHS, GSA may consider other Federal uses
and other important national needs; however, in deciding the
disposition of surplus real property, GSA will generally give priority
of consideration to uses to assist the homeless. GSA may consider any
competing request for the property made under 40 U.S.C. 550 (education,
health, public park or recreation, and historic monument uses) that is
so meritorious and compelling that it outweighs the needs of the
homeless, and HHS may likewise consider any competing request made
under 40 U.S.C. 550(c) or (d) (education and health uses).
(3) Whenever GSA or HHS decides in favor of a competing request
over a request for property for homeless assistance use as provided in
paragraph (b)(2) of this section, the agency making the decision will
transmit to the appropriate committees of the Congress an explanatory
statement that details the need satisfied by conveyance of the surplus
property, and the reasons for determining that such need was so
meritorious and compelling as to outweigh the needs of the homeless.
(4) Deeds. Surplus property may be conveyed to representatives of
the homeless pursuant to 40 U.S.C. 550, and section 501(f) of the
McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11411.
Representatives of the homeless must complete the application packet
pursuant to the requirements of Sec. 102-75.1200 and in accordance
with the requirements of 45 CFR part 12.
(c) Completion of lease term and reversion of title. Lessees and
grantees will be responsible for the protection and maintenance of the
property during the time that they possess the property. Upon
termination of the lease term or reversion of title to the Federal
Government, the lessee or grantee will be responsible for removing any
improvements made to the property and will be responsible for
restoration of the property. If such improvements are not removed, they
will become the property of the Federal Government. GSA or the
landholding agency, as appropriate, will assume responsibility for
protection and maintenance of a property when the lease terminates or
title reverts.
Unsuitable Properties
Sec. 102-75.1210 What action must be taken on properties determined
unsuitable for homeless assistance?
The landholding agency will defer, for 20 days after the date that
notice of a property is published in the Federal Register, action to
dispose of properties determined unsuitable for homeless assistance.
HUD will inform landholding agencies or GSA, if a representative of the
homeless files an appeal of unsuitability pursuant to Sec. 102-
75.1175(f)(4). HUD will advise the agency that it should refrain from
initiating disposal procedures until HUD has completed its
reconsideration process regarding unsuitability. Thereafter, or if no
appeal has been filed after 20 days, GSA or the appropriate landholding
agency may proceed with disposal action in accordance with applicable
law.
No Applications Approved
Sec. 102-75.1215 What action must be taken if there is no expression
of interest?
(a) At the end of the 60-day holding period described in Sec. 102-
75.1200(a), HHS will notify GSA, or the landholding agency, as
appropriate, if an expression of interest has been received for a
particular property. Where there is no expression of interest, GSA or
the landholding agency, as appropriate, will proceed with disposal in
accordance with applicable law.
(b) Upon advice from HHS that all applications have been
disapproved, or if no completed applications or requests for extensions
have been received by HHS within 90 days from the date of the last
expression of interest, disposal may proceed in accordance with
applicable law.
[[Page 67844]]
Subpart I--Screening of Federal Real Property
Sec. 102-75.1220 How do landholding agencies find out if excess
Federal real property is available?
If agencies report excess real and related personal property to
GSA, GSA conducts a ``Federal screening'' for the property. Federal
screening consists of developing a ``Notice of Availability'' and
circulating the ``Notice'' among all Federal landholding agencies for a
maximum of 30 days.
Sec. 102-75.1225 What details are provided in the ``Notice of
Availability''?
The ``Notice of Availability'' describes the physical
characteristics of the property; it also provides information on
location, hazards or restrictions, contact information, and a date by
which an interested Federal agency must respond in writing to indicate
a definite or potential need for the property.
Sec. 102-75.1230 How long does an agency have to indicate its
interest in the property?
Generally, agencies have 30 days to express written interest in the
property. However, sometimes GSA has cause to conduct an expedited
screening of the real property and the time allotted for responding is
less than 30 days. The Notice of Availability always contains a
``respond by'' date.
Sec. 102-75.1235 Where should an agency send its written response to
the ``Notice of Availability''?
Look for the contact information provided in the Notice of
Availability. Most likely, an agency will be directed to contact one of
GSA's regional offices.
Sec. 102-75.1240 Who, from the interested landholding agency, should
submit the written response to GSA's ``Notice of Availability''?
An authorized official of the landholding agency must sign the
written response to the Notice of Availability. An ``authorized
official'' is one who is responsible for acquisition and/or disposal
decisions (e.g., head of the agency or official designee).
Sec. 102-75.1245 What happens after the landholding agency properly
responds to a ``Notice of Availability''?
The landholding agency has 60 days (from the expiration date of the
``Notice of Availability'') to submit a formal transfer request for the
property. Absent a formal request for transfer within the prescribed 60
days, GSA may, at its discretion, pursue other disposal options.
Sec. 102-75.1250 What if the agency is not quite sure it wants the
property and needs more time to decide?
If the written response to the ``Notice of Availability'' indicates
a potential need, then the agency has an additional 30 days (from the
expiration date of the ``Notice of Availability'') to determine whether
or not its has a definite requirement for the property, and then 60
days to submit a transfer request.
Sec. 102-75.1255 What happens when more than one agency has a valid
interest in the property?
GSA will attempt to facilitate an equitable solution between the
agencies involved. However, the Administrator has final decision making
authority in determining which requirement aligns with the Federal
Government's best interests.
Sec. 102-75.1260 Does GSA conduct Federal screening on every property
reported as excess real property?
No. GSA may waive the Federal screening for excess real property
when it determines that doing so is in the best interest of the Federal
Government.
Below is a sample list of some of the factors GSA may consider when
making the decision to waive Federal screening. This list is a
representative sample and is not all-inclusive:
(a) There is a known Federal need;
(b) The property is located within the boundaries of tribal lands;
(c) The property has known disposal limitations precluding further
Federal use (e.g., title and/or utilization restrictions; reported
excess specifically for participation in the Relocation Program;
reported excess for transfer to the current operating contractor who
will continue production according to the terms of the disposal
documents; directed for disposal by law or special legislation);
(d) The property will be transferred to a ``potentially responsible
party'' (PRP) that stored, released, or disposed of hazardous
substances at the Government-owned facility;
(e) The property is an easement;
(f) The excess property is actually a leasehold interest where
there are Government-owned improvements with substantial value and
cannot be easily removed;
(g) Government-owned improvements on Government-owned land, where
the land is neither excess nor expected to become excess; or
(h) Screening for public benefit uses, except for the McKinney-
Vento homeless screening, for specific property disposal considerations
(see Sec. 102-75.351).
Sec. 102-75.1265 Are extensions granted to the Federal screening and
response timeframes?
Generally, no. GSA believes the timeframes are sufficient for
agencies to make a decision and respond. Requests for extensions must
be strongly justified and approved by the appropriate GSA Regional
Administrator. For example, agencies may request an extension of time
to submit their formal transfer request if they are not promptly
provided GSA's estimate of FMV after submission of the initial
expression of interest. Agencies requesting extensions must also submit
an agreement accepting responsibility for providing and funding
protection and maintenance for the requested property during the period
of the extension until the property is transferred to the requesting
agency or the requesting agency notifies GSA that it is no longer
interested in the property. This assumption of protection and
maintenance responsibility also applies to extensions associated with a
requesting agency's request for an exception from the 100 percent
reimbursement requirement (see Sec. 102-75.205).
Sec. 102-75.1270 How does an agency request a transfer of Federal
real property?
Agencies must use GSA Form 1334, Request for Transfer of Excess
Real and Related Personal Property.
Sec. 102-75.1275 Does a requesting agency have to pay for excess real
property?
Yes. GSA is required by law to obtain full fair market value (as
determined by the Administrator) for all real property (see Sec. 102-
75.190), except when a transfer without reimbursement has been
authorized (see Sec. 102-75.205). GSA, upon receipt of a valid
expression of interest, will promptly provide each interested
landholding agency with an estimate of fair market value for the
property. GSA may transfer property without reimbursement, if directed
to do so by law or special legislation and for the following purposes:
(a) Migratory Bird Management under Pub. L. 80-537, as amended by
Pub. L. 92-432.
(b) Wildlife Conservation under Pub. L. 80-537.
(c) Federal Correctional facilities.
(d) Joint Surveillance System.
Sec. 102-75.1280 What happens if the property has already been
declared surplus and an agency discovers a need for it?
GSA can redesignate surplus property as excess property, if the
agency requests the property for use in direct support of its mission
and GSA is satisfied that this transfer would be in
[[Page 67845]]
the best interests of the Federal Government.
Sec. 102-75.1285 How does GSA transfer excess real property to the
requesting agency?
GSA transfers the property via letter assigning ``custody and
accountability'' for the property to the requesting agency. Title to
the property is held in the name of the United States; however, the
requesting agency becomes the landholding agency and is responsible for
providing and funding protection and maintenance for the property.
Sec. 102-75.1290 What happens if the landholding agency requesting
the property does not promptly accept custody and accountability?
(a) The requesting agency must assume protection and maintenance
responsibilities for the property within 30 days of the date of the
letter assigning custody and accountability for the property.
(b) After notifying the requesting agency, GSA may, at its
discretion, pursue other disposal options.
0
6. Revise part 102-76 to read as follows:
PART 102-76--DESIGN AND CONSTRUCTION
Subpart A--General Provisions
Sec.
102-76.5 What is the scope of this part?
102-76.10 What basic design and construction policy governs Federal
agencies?
Subpart B--Design and Construction
102-76.15 What are design and construction services?
102-76.20 What issues must Federal agencies consider in providing
site planning and landscape design services?
102-76.25 What standards must Federal agencies meet in providing
architectural and interior design services?
102-76.30 What seismic safety standards must Federal agencies follow
in the design and construction of Federal facilities?
National Environmental Policy Act of 1969
102-76.35 What is the purpose of the National Environmental Policy
Act of 1969, as amended (NEPA)?
102-76.40 To which real property actions does NEPA apply?
102-76.45 What procedures must Federal agencies follow to implement
the requirements of NEPA?
Sustainable Development
102-76.50 What is sustainable development?
102-76.55 What sustainable development principles must Federal
agencies apply to the siting, design, and construction of new
facilities?
Subpart C--Architectural Barriers Act
102-76.60 To which facilities does the Architectural Barriers Act
Apply?
102-76.65 What standards must facilities subject to the
Architectural Barriers Act meet?
102-76.70 When are the costs of alterations to provide an accessible
path of travel to an altered area containing a primary function
disproportionate to the costs of the overall alterations for
facilities subject to the standards in Sec. 102-76.65(a)?
102-76.75 What costs are included in the costs of alterations to
provide an accessible path of travel to an altered area containing a
primary function for facilities subject to the standards in Sec.
102-76.65(a)?
102-76.80 What is required if the costs of alterations to provide an
accessible path of travel to an altered area containing a primary
function are disproportionate to the costs of the overall
alterations for facilities subject to the standards in Sec. 102-
76.65(a)?
102-76.85 What is a primary function area for purposes of providing
an accessible route in leased facilities subject to the standards in
Sec. 102-76.65(a)?
102-76.90 Who has the authority to waive or modify the standards in
Sec. 102-76.65(a)?
102-76.95 What recordkeeping responsibilities do Federal agencies
have?
Authority: 40 U.S.C. 121(c) (in furtherance of the
Administrator's authorities under 40 U.S.C. 3301-3315 and elsewhere
as included under 40 U.S.C. 581 and 583; E.O. 12411, 48 FR 13391, 3
CFR, 1983 Comp., p. 155; E.O. 12512, 50 FR 18453, 3 CFR, 1985 Comp.,
p. 340).
Subpart A--General Provisions
Sec. 102-76.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including GSA's Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services.
Sec. 102-76.10 What basic design and construction policy governs
Federal agencies?
Federal agencies, upon approval from GSA, are bound by the
following basic design and construction policies:
(a) Provide the highest quality services for designing and
constructing new Federal facilities and for repairing and altering
existing Federal facilities. These services must be timely, efficient,
and cost effective.
(b) Use a distinguished architectural style and form in Federal
facilities that reflects the dignity, enterprise, vigor and stability
of the Federal Government.
(c) Follow nationally recognized model building codes and other
applicable nationally recognized codes that govern Federal construction
to the maximum extent feasible and consider local building code
requirements. (See 40 U.S.C. 3310 and 3312.)
(d) Design Federal buildings to have a long life expectancy and
accommodate periodic changes due to renovations.
(e) Make buildings cost effective, energy efficient, and accessible
to and usable by the physically disabled.
(f) Provide for building service equipment that is accessible for
maintenance, repair, or replacement without significantly disturbing
occupied space.
(g) Consider ease of operation when selecting mechanical and
electrical equipment.
(h) Agencies must follow the prospectus submission and approval
policy identified in Sec. Sec. 102-73.35 and 102-73.40 of this
chapter.
Subpart B--Design and Construction
Sec. 102-76.15 What are design and construction services?
Design and construction services are--
(a) Site planning and landscape design;
(b) Architectural and interior design; and
(c) Engineering systems design.
Sec. 102-76.20 What issues must Federal agencies consider in
providing site planning and landscape design services?
In providing site planning and design services, Federal agencies
must--
(a) Make the site planning and landscape design a direct extension
of the building design;
(b) Make a positive contribution to the surrounding landscape;
(c) Consider requirements (other than procedural requirements) of
local zoning laws and laws relating to setbacks, height, historic
preservation, and aesthetic qualities of a building;
(d) Identify areas for future building expansion in the
architectural and site design concept for all buildings where an
expansion need is identified to exist;
(e) Create a landscape design that is a pleasant, dynamic
experience for occupants and visitors to Federal facilities and, where
appropriate, encourage public access to and stimulate pedestrian
traffic around the facilities. Coordinate the landscape design with the
architectural characteristics of the building;
(f) Comply with the requirements of the National Environmental
Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq., and the
National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470
et seq., for each project; and
[[Page 67846]]
(g) Consider the vulnerability of the facility as well as the
security needs of the occupying agencies, consistent with the
Interagency Security Committee standards and guidelines.
Sec. 102-76.25 What standards must Federal agencies meet in providing
architectural and interior design services?
Federal agencies must design distinctive and high quality Federal
facilities that meet all of the following standards:
(a) Reflect the local architecture in buildings through the use of
building form, materials, colors, or detail. Express a quality of
permanence in the building interior similar to the building exterior.
(b) Provide individuals with disabilities ready access to, and use
of, the facilities in accordance with the standards in Sec. 102-76.65.
(c) Use metric specifications in construction where the metric
system is the accepted industry standard, and to the extent that such
usage is economically feasible and practical.
(d) Provide for the design of security systems to protect Federal
workers and visitors and to safeguard facilities against criminal
activity and/or terrorist activity. Security design must support the
continuity of Government operations during civil disturbances, natural
disasters and other emergency situations.
(e) Design and construct facilities that meet or exceed the energy
performance standards applicable to Federal buildings in 10 CFR part
435.
Sec. 102-76.30 What seismic safety standards must Federal agencies
follow in the design and construction of Federal facilities?
Federal agencies must follow the seismic safety standards
identified in Sec. 102-80.45 of this chapter.
National Environmental Policy Act of 1969
Sec. 102-76.35 What is the purpose of the National Environmental
Policy Act of 1969, as amended (NEPA)?
The purpose of NEPA is to--
(a) Declare a national policy which will encourage productive and
enjoyable harmony between man and his environment;
(b) Promote efforts which will prevent or eliminate damage to the
environment and biosphere and stimulate the health and welfare of man;
(c) Enrich the understanding of the ecological systems and natural
resources important to the Nation; and
(d) Establish a Council on Environmental Quality (CEQ).
Sec. 102-76.40 To which real property actions does NEPA apply?
NEPA applies to actions that may have an impact on the quality of
the human environment, including leasing, acquiring, developing,
managing and disposing of real property.
Sec. 102-76.45 What procedures must Federal agencies follow to
implement the requirements of NEPA?
Federal agencies must follow the procedures identified in the
Council on Environmental Quality's NEPA implementing regulations, 40
CFR 1500-1508. In addition, Federal agencies must follow the standards
that they have promulgated to implement CEQ's regulations.
Sustainable Development
Sec. 102-76.50 What is sustainable development?
Sustainable development means integrating the decision-making
process across the organization, so that every decision is made to
promote the greatest long-term benefits. It means eliminating the
concept of waste and building on natural processes and energy flows and
cycles; and recognizing the interrelationship of our actions with the
natural world.
Sec. 102-76.55 What sustainable development principles must Federal
agencies apply to the siting, design, and construction of new
facilities?
In keeping with the objectives of Executive Order 13123, ``Greening
of the Government Through Efficient Energy Management,'' and Executive
Order 13101, ``Greening of the Government Through Waste Prevention,
Recycling, and Federal Acquisition,'' Federal agencies must apply
sustainable development principles to the siting, design, and
construction of new facilities, which include--
(a) Optimizing site potential;
(b) Minimizing non-renewable energy consumption;
(c) Using environmentally preferable products;
(d) Protecting and conserving water;
(e) Enhancing indoor environmental quality; and
(f) Optimizing operational and maintenance practices.
Subpart C--Architectural Barriers Act
Sec. 102-76.60 To which facilities does the Architectural Barriers
Act apply?
(a) The Architectural Barriers Act applies to any facility that is
intended for use by the public or that may result in the employment or
residence therein of individuals with disabilities, which is to be--
(1) Constructed or altered by, or on behalf of, the United States;
(2) Leased in whole or in part by the United States;
(3) Financed in whole or in part by a grant or loan made by the
United States, if the building or facility is subject to standards for
design, construction, or alteration issued under the authority of the
law authorizing such a grant or loan; or
(4) Constructed under the authority of the National Capital
Transportation Act of 1960, the National Capital Transportation Act of
1965, or Title III of the Washington Metropolitan Area Transit
Regulation Compact.
(b) The Architectural Barriers Act does not apply to any privately
owned residential facility unless leased by the Government for
subsidized housing programs, and any facility on a military reservation
designed and constructed primarily for use by able bodied military
personnel.
Sec. 102-76.65 What standards must facilities subject to the
Architectural Barriers Act meet?
(a) GSA adopts Appendices C and D to 36 CFR part 1191 (ABA Chapters
1 and 2, and Chapters 3 through 10) as the Architectural Barriers Act
Accessibility Standard. Facilities subject to the Architectural
Barriers Act (other than facilities in 102-76.65(b) and (c)) must meet
the Architectural Barriers Act Accessibility Standard if the
construction or alteration commences, or the lease is entered into
after May 8, 2006. If the construction or alteration commences, or the
lease is entered into before May 8, 2006, the facility must meet the
Uniform Federal Accessibility Standards. The construction or alteration
of a facility for which plans and specifications were completed or
substantially completed on or before May 8, 2006, is permitted to meet
the Uniform Federal Accessibility Standards if the construction or
alteration is commenced by May 8, 2008. The Architectural Barriers Act
Accessibility Standard and the Uniform Federal Accessibility Standards
are available at http://www.access-board.gov.
(b) Residential facilities subject to the Architectural Barriers
Act must meet the standards prescribed by the Department of Housing and
Urban Development.
(c) Department of Defense and United States Postal Service
facilities subject to the Architectural Barriers Act must meet the
standards prescribed by those agencies.
[[Page 67847]]
Sec. 102-76.70 When are the costs of alterations to provide an
accessible path of travel to an altered area containing a primary
function disproportionate to the costs of the overall alterations for
facilities subject to the standards in Sec. 102-76.65(a)?
For facilities subject to the standards in Sec. 102-76.65(a), the
costs of alterations to provide an accessible path of travel to an
altered area containing a primary function are disproportionate to the
costs of the overall alterations when they exceed 20 percent of the
costs of the alterations to the primary function area. If a series of
small alterations are made to areas containing a primary function and
the costs of any of the alterations considered individually would not
result in providing an accessible path of travel to the altered areas,
the total costs of the alterations made within the three year period
after the initial alteration must be considered when determining
whether the costs of alterations to provide an accessible path of
travel to the altered areas are disproportionate. Facilities for which
new leases are entered into must comply with F202.6 of the
Architectural Barriers Act Accessibility Standard without regard to
whether the costs of alterations to comply with F202.6 are
disproportionate to the costs of the overall alterations.
Sec. 102-76.75 What costs are included in the costs of alterations to
provide an accessible path of travel to an altered area containing a
primary function for facilities subject to the standards in Sec. 102-
76.65(a)?
For facilities subject to the standards in Sec. 102-76.65(a), the
costs of alterations to provide an accessible path of travel to an
altered area containing a primary function include the costs associated
with--
(a) Providing an accessible route to connect the altered area and
site arrival points, including but not limited to interior and exterior
ramps, elevators and lifts, and curb ramps;
(b) Making entrances serving the altered area accessible, including
but not limited to widening doorways and installing accessible
hardware;
(c) Making restrooms serving the altered area accessible,
including, but not limited to, enlarging toilet stalls, installing grab
bars and accessible faucet controls, and insulating pipes under
lavatories;
(d) Making public telephones serving the altered area accessible,
including, but not limited to, placing telephones at an accessible
height, and installing amplification devices and TTYs;
(e) Making drinking fountains serving the altered area accessible;
and
(f) Making parking spaces serving the altered area accessible.
Sec. 102-76.80 What is required if the costs of alterations to
provide an accessible path of travel to an altered area containing a
primary function are disproportionate to the costs of the overall
alterations for facilities subject to the standards in Sec. 102-
76.65(a)?
For facilities subject to the standards in Sec. 102-76.65(a), if
the costs of alterations to provide an accessible path of travel to an
altered area containing a primary function are disproportionate to the
costs of the overall alterations, the path of travel must be made
accessible to the extent possible without exceeding 20 percent of the
costs of the alterations to the primary function area. Priority should
be given to those elements that will provide the greatest access in the
following order:
(a) An accessible route and an accessible entrance;
(b) At least one accessible restroom for each sex or a single
unisex restroom;
(c) Accessible telephones;
(d) Accessible drinking fountains; and
(e) Accessible parking spaces.
Sec. 102-76.85 What is a primary function area for purposes of
providing an accessible route in leased facilities subject to the
standards in Sec. 102-76.65(a)?
For purposes of providing an accessible route in leased facilities
subject to the standards in Sec. 102-76.65(a), a primary function area
is an area that contains a major activity for which the leased facility
is intended. Primary function areas include areas where services are
provided to customers or the public, and offices and other work areas
in which the activities of the Federal agency using the leased facility
are carried out.
Sec. 102-76.90 Who has the authority to waive or modify the standards
in Sec. 102-76.65(a)?
The Administrator of General Services has the authority to waive or
modify the standards in Sec. 102-76.65(a) on a case-by-case basis if
the agency head or GSA department head submits a request for waiver or
modification and the Administrator determines that the waiver or
modification is clearly necessary.
Sec. 102-76.95 What recordkeeping responsibilities do Federal
agencies have?
(a) The head of each Federal agency must ensure that documentation
is maintained on each contract, grant or loan for the design,
construction or alteration of a facility and on each lease for a
facility subject to the standards in Sec. 102-76.65(a) containing one
of the following statements:
(1) The standards have been or will be incorporated in the design,
the construction or the alteration.
(2) The grant or loan has been or will be made subject to a
requirement that the standards will be incorporated in the design, the
construction or the alteration.
(3) The leased facility meets the standards, or has been or will be
altered to meet the standards.
(4) The standards have been waived or modified by the Administrator
of General Services, and a copy of the waiver or modification is
included with the statement.
(b) If a determination is made that a facility is not subject to
the standards in Sec. 102-76.65(a) because the Architectural Barriers
Act does not apply to the facility, the head of the Federal agency must
ensure that documentation is maintained to justify the determination.
0
7. Revise part 102-77 to read as follows:
PART 102-77--ART-IN-ARCHITECTURE
Subpart A--General Provisions
Sec.
102-77.5 What is the scope of this part?
102-77.10 What basic Art-in-Architecture policy governs Federal
agencies?
Subpart B--Art-in-Architecture
102-77.15 Who funds the Art-in-Architecture efforts?
102-77.20 With whom should Federal agencies collaborate when
commissioning and selecting art for Federal buildings?
102-77.25 Do Federal agencies have responsibilities to provide
national visibility for Art-in-Architecture?
Authority: 40 U.S.C. 121 and 3306.
Subpart A--General Provisions
Sec. 102-77.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including GSA's Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services.
Sec. 102-77.10 What basic Art-in-Architecture policy governs Federal
agencies?
Federal agencies must incorporate fine arts as an integral part of
the total building concept when designing new Federal buildings, and
when making substantial repairs and alterations to existing Federal
buildings, as appropriate. The selected fine arts, including painting,
sculpture, and artistic work in other media, must reflect the national
cultural heritage and emphasize the work of living American artists.
[[Page 67848]]
Subpart B--Art-in-Architecture
Sec. 102-77.15 Who funds the Art-in-Architecture efforts?
To the extent not prohibited by law, Federal agencies must fund the
Art-in-Architecture efforts by allocating a portion of the estimated
cost of constructing or purchasing new Federal buildings, or of
completing major repairs and alterations of existing buildings. Funding
for qualifying projects, including new construction, building
purchases, other building acquisition, or prospectus-level repair and
alteration projects, must be in a range determined by the Administrator
of General Services.
Sec. 102-77.20 With whom should Federal agencies collaborate with
when commissioning and selecting art for Federal buildings?
To the maximum extent practicable, Federal agencies should seek the
support and involvement of local citizens in selecting appropriate
artwork. Federal agencies should collaborate with the artist and
community to produce works of art that reflect the cultural,
intellectual, and historic interests and values of a community. In
addition, Federal agencies should work collaboratively with the
architect of the building and art professionals, when commissioning and
selecting art for Federal buildings. Federal agencies should commission
artwork that is diverse in style and media.
Sec. 102-77.25 Do Federal agencies have responsibilities to provide
national visibility for Art-in-Architecture?
Yes, Federal agencies should provide Art-in-Architecture that
receives appropriate national and local visibility to facilitate
participation by a large and diverse group of artists representing a
wide variety of types of artwork.
0
8. Revise part 102-78 to read as follows:
PART 102-78--HISTORIC PRESERVATION
Subpart A--General Provisions
Sec.
102-78.5 What is the scope of this part?
102-78.10 What basic historic preservation policy governs Federal
agencies?
Subpart B--Historic Preservation
102-78.15 What are historic properties?
102-78.20 Are Federal agencies required to identify historic
properties?
102-78.25 What is an undertaking?
102-78.30 Who are consulting parties?
102-78.35 Are Federal agencies required to involve consulting
parties in their historic preservation activities?
102-78.40 What responsibilities do Federal agencies have when an
undertaking adversely affects an historic or cultural property?
102-78.45 What are Federal agencies' responsibilities concerning
nomination of properties to the National Register?
102-78.50 What historic preservation services must Federal agencies
provide?
102-78.55 For which properties must Federal agencies provide
historic preservation services?
102-78.60 When leasing space, are Federal agencies able to give
preference to space in historic properties or districts?
102-78.65 What are Federal agencies' historic preservation
responsibilities when disposing of real property under their
control?
102-78.70 What are an agency's historic preservation
responsibilities when disposing of another Federal agency's real
property?
Authority: 16 U.S.C. 470h-2; 40 U.S.C. 121(c) and 581.
Subpart A--General Provisions
Sec. 102-78.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including GSA's Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services. The policies in this part are in furtherance of GSA's
preservation program under section 110 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470) and apply to
properties under the jurisdiction or control of the Administrator and
to any Federal agencies operating, maintaining or protecting such
properties under a delegation of authority from the Administrator.
Sec. 102-78.10 What basic historic preservation policy governs
Federal agencies?
To protect, enhance and preserve historic and cultural property
under their control, Federal agencies must consider the effects of
their undertakings on historic and cultural properties and give the
Advisory Council on Historic Preservation (Advisory Council), the State
Historic Preservation Officer (SHPO), and other consulting parties a
reasonable opportunity to comment regarding the proposed undertakings.
Subpart B--Historic Preservation
Sec. 102-78.15 What are historic properties?
Historic properties are those that are included in, or eligible for
inclusion in, the National Register of Historic Places (National
Register) as more specifically defined at 36 CFR 800.16.
Sec. 102-78.20 Are Federal agencies required to identify historic
properties?
Yes, Federal agencies must identify all National Register or
National Register-eligible historic properties under their control. In
addition, Federal agencies must apply National Register Criteria (36
CFR part 63) to properties that have not been previously evaluated for
National Register eligibility and that may be affected by the
undertakings of Federally sponsored activities.
Sec. 102-78.25 What is an undertaking?
The term undertaking means a project, activity, or program funded
in whole or in part under the direct or indirect jurisdiction of a
Federal agency, including those--
(a) Carried out by or on behalf of the agency;
(b) Carried out with Federal financial assistance; or
(c) Requiring a Federal permit, license, or approval.
Sec. 102-78.30 Who are consulting parties?
As more particularly described in 36 CFR 800.2(c), consulting
parties are those parties having consultative roles in the Section 106
process (i.e., Section 106 of the National Historic Preservation Act),
which requires Federal agencies to take into account the effects of
their undertakings on historic properties and afford the Council a
reasonable opportunity to comment on such undertakings. Specifically,
consulting parties include the State Historic Preservation Officer; the
Tribal Historic Preservation Officer; Indian tribes and Native Hawaiian
organizations; representatives of local governments; applicants for
Federal assistance, permits, licenses, and other approvals; other
individuals and organizations with a demonstrated interest in the
undertaking; and the Advisory Council (if it elects to participate in
the consultation).
Sec. 102-78.35 Are Federal agencies required to involve consulting
parties in their historic preservation activities?
Yes, Federal agencies must solicit information from consulting
parties to carry out their responsibilities under historic and cultural
preservation laws and regulations. Federal agencies must invite the
participation of consulting parties through their normal public
notification processes.
Sec. 102-78.40 What responsibilities do Federal agencies have when an
undertaking adversely affects a historic or cultural property?
Federal agencies must not perform an undertaking that could alter,
destroy, or modify an historic or cultural property
[[Page 67849]]
until they have consulted with the SHPO and the Advisory Council.
Federal agencies must minimize all adverse impacts of their
undertakings on historic or cultural properties to the extent that it
is feasible and prudent to do so. Federal agencies must follow the
specific guidance on the protection of historic and cultural properties
in 36 CFR part 800.
Sec. 102-78.45 What are Federal agencies' responsibilities concerning
nomination of properties to the National Register?
Federal agencies must nominate to the National Register all
properties under their control determined eligible for inclusion in the
National Register.
Sec. 102-78.50 What historic preservation services must Federal
agencies provide?
Federal agencies must provide the following historic preservation
services:
(a) Prepare a Historic Building Preservation Plan for each National
Register or National Register-eligible property under their control.
When approved by consulting parties, such plans become a binding
management plan for the property.
(b) Investigate for historic and cultural factors all proposed
sites for direct and leased construction.
Sec. 102-78.55 For which properties must Federal agencies assume
historic preservation responsibilities?
Federal agencies must assume historic preservation responsibilities
for real property assets under their custody and control. Federal
agencies occupying space in buildings under the custody and control of
other Federal agencies must obtain approval from the agency having
custody and control of the building.
Sec. 102-78.60 When leasing space, are Federal agencies able to give
preference to space in historic properties or districts?
Yes, Executive Order 13006 requires Federal agencies that have a
mission requirement to locate in an urban area to give first
consideration to space in historic buildings and districts inside
central business areas. Agencies may give a price preference of up to
10 percent to space in historic buildings and districts, in accordance
with Sec. Sec. 102-73.120 and 102-73.125 of this chapter.
Sec. 102-78.65 What are Federal agencies' historic preservation
responsibilities when disposing of real property under their control?
Federal agencies must--
(a) To the extent practicable, establish and implement alternatives
for historic properties, including adaptive use, that are not needed
for current or projected agency purposes. Agencies are required to get
the Secretary of the Interior's approval of the plans of transferees of
surplus Federally-owned historic properties; and
(b) Review all proposed excess actions to identify any properties
listed in or eligible for listing in the National Register. Federal
agencies must not perform disposal actions that could result in the
alteration, destruction, or modification of an historic or cultural
property until Federal agencies have consulted with the SHPO and the
Advisory Council.
Sec. 102-78.70 What are an agency's historic preservation
responsibilities when disposing of another Federal agency's real
property?
Federal agencies must not accept property declared excess by
another Federal agency nor act as an agent for transfer or sale of such
properties until the holding agency provides evidence that the Federal
agency has met its National Historic Preservation Act responsibilities.
0
9. Revise part 102-79 to read as follows:
PART 102-79--ASSIGNMENT AND UTILIZATION OF SPACE
Subpart A--General Provisions
Sec.
102-79.5 What is the scope of this part?
102-79.10 What basic assignment and utilization of space policy
governs an Executive agency?
Subpart B--Assignment and Utilization of Space
102-79.15 What objectives must an Executive agency strive to meet in
providing assignment and utilization of space services?
Assignment of Space
102-79.20 What standard must Executive agencies promote when
assigning space?
Child Care
102-79.25 May Federal agencies allot space in Federal buildings for
the provision of child care services?
Fitness Centers
102-79.30 May Federal agencies allot space in Federal buildings for
establishing fitness centers?
102-79.35 What elements must Federal agencies address in their
planning effort for establishing fitness programs?
Federal Credit Unions
102-79.40 Can Federal agencies allot space in Federal buildings to
Federal credit unions?
102-79.45 What type of services may Federal agencies provide without
charge to Federal credit unions?
Utilization of Space
102-79.50 What standard must Executive agencies promote in their
utilization of space?
102-79.55 Is there a general hierarchy of consideration that
agencies must follow in their utilization of space?
102-79.60 Are agencies required to use historic properties available
to the agency?
Outleasing
102-79.65 May Executive agencies outlease space on major public
access levels, courtyards and rooftops of public buildings?
Siting Antennas on Federal Property
102-79.70 May Executive agencies assess fees against other Executive
agencies for antenna placements and supporting services?
102-79.75 May Executive agencies assess fees for antenna placements
against public service organizations for antenna site outleases on
major pedestrian access levels, courtyards, and rooftops of public
buildings?
102-79.80 May Executive agencies assess fees for antenna placements
against telecommunication service providers for antenna site
outleases on major pedestrian access levels, courtyards, and
rooftops of public buildings?
102-79.85 What policy must Executive agencies follow concerning the
placement of commercial antennas on Federal property?
102-79.90 What criteria must Executive agencies consider when
evaluating antenna siting requests?
102-79.95 Who is responsible for the costs associated with providing
access to antenna sites?
102-79.100 What must Federal agencies do with antenna siting fees
that they collect?
Integrated Workplace
102-79.105 What is the Integrated Workplace?
102-79.110 What Integrated Workplace policy must Federal agencies
strive to promote?
102-79.111 Where may Executive agencies find additional information
on Integrated Workplace concepts?
Public Access Defibrillation Programs
102-79.115 What guidelines must an agency follow if it elects to
establish a public access defibrillation program in a Federal
facility?
Authority: 40 U.S.C. 121(c); E.O. 12411, 48 FR 13391, 3 CFR,
1983 Comp., p. 155; and E.O. 12512, 50 FR 18453, 3 CFR, 1985 Comp.,
p. 340.
Subpart A--General Provisions
Sec. 102-79.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including GSA's Public Buildings Service (PBS), operating
under, or
[[Page 67850]]
subject to, the authorities of the Administrator of General Services.
Sec. 102-79.10 What basic assignment and utilization of space policy
governs an Executive agency?
Executive agencies must provide a quality workplace environment
that supports program operations, preserves the value of real property
assets, meets the needs of the occupant agencies, and provides child
care and physical fitness facilities in the workplace when adequately
justified. An Executive agency must promote maximum utilization of
Federal workspace, consistent with mission requirements, to maximize
its value to the Government.
Subpart B--Assignment and Utilization of Space
Sec. 102-79.15 What objectives must an Executive agency strive to
meet in providing assignment and utilization of space services?
Executive agencies must provide assignment and utilization services
that will maximize the value of Federal real property resources and
improve the productivity of the workers housed therein.
Assignment of Space
Sec. 102-79.20 What standard must Executive agencies promote when
assigning space?
Executive agencies must promote the optimum use of space for each
assignment at an economical cost to the Government, provide quality
workspace that is delivered and occupied in a timely manner, and assign
space based on mission requirements.
Child Care
Sec. 102-79.25 May Federal agencies allot space in Federal buildings
for the provision of child care services?
Yes, in accordance with 40 U.S.C. 590, Federal agencies can allot
space in Federal buildings to individuals or entities who will provide
child care services to Federal employees if such--
(a) Space is available;
(b) Agency determines that such space will be used to provide child
care services to children of whom at least 50 percent have one parent
or guardian who is a Federal Government employee; and
(c) Agency determines that such individual or entity will give
priority for available child care services in such space to Federal
employees.
Fitness Centers
Sec. 102-79.30 May Federal agencies allot space in Federal buildings
for establishing fitness centers?
Yes, in accordance with 5 U.S.C. 7901, Federal agencies can allot
space in Federal buildings for establishing fitness programs.
Sec. 102-79.35 What elements must Federal agencies address in their
planning effort for establishing fitness programs?
Federal agencies must address the following elements in their
planning effort for establishing fitness programs:
(a) A survey indicating employee interest in the program.
(b) A three-to five-year implementation plan demonstrating long-
term commitment to physical fitness/health for employees.
(c) A health related orientation, including screening procedures,
individualized exercise programs, identification of high-risk
individuals, and appropriate follow-up activities.
(d) Identification of a person skilled in prescribing exercise to
direct the fitness program.
(e) An approach that will consider key health behavior related to
degenerative disease, including smoking and nutrition.
(f) A modest facility that includes only the essentials necessary
to conduct a program involving cardiovascular and muscular endurance,
strength activities, and flexibility.
(g) Provision for equal opportunities for men and women, and all
employees, regardless of grade level.
Federal Credit Unions
Sec. 102-79.40 Can Federal agencies allot space in Federal buildings
to Federal credit unions?
Yes, in accordance with 12 U.S.C. 1770, Federal agencies may allot
space in Federal buildings to Federal credit unions without charge for
rent or services if--
(a) At least 95 percent of the membership of the credit union to be
served by the allotment of space is composed of persons who either are
presently Federal employees or were Federal employees at the time of
admission into the credit union, and members of their families; and
(b) Space is available.
Sec. 102-79.45 What type of services may Federal agencies provide
without charge to Federal credit unions?
Federal agencies may provide without charge to Federal credit union
services such as--
(a) Lighting;
(b) Heating and cooling;
(c) Electricity;
(d) Office furniture;
(e) Office machines and equipment;
(f) Telephone service (including installation of lines and
equipment and other expenses associated with telephone service); and
(g) Security systems (including installation and other expenses
associated with security systems).
Utilization of Space
Sec. 102-79.50 What standard must Executive agencies promote in their
utilization of space?
Executive agencies, when acquiring or utilizing Federally owned or
leased space under Title 40 of the United States Code, must promote
efficient utilization of space. Where there is no Federal agency space
need, Executive agencies must make every effort to maximize the
productive use of vacant space through the issuance of permits,
licenses or leases to non-Federal entities to the extent authorized by
law. (For vacant property determined excess to agency needs, refer to
part 102-75, Real Property Disposal.)
Sec. 102-79.55 Is there a general hierarchy of consideration that
agencies must follow in their utilization of space?
Yes, Federal agencies must--
(a) First utilize space in Government-owned and Government-leased
buildings; and
(b) If there is no suitable space in Government-owned and
Government-leased buildings, utilize space in buildings under the
custody and control of the U.S. Postal Service; and
(c) If there is no suitable space in buildings under the custody
and control of the U.S. Postal Service, agencies may acquire real
estate by lease, purchase, or construction, as specified in part 102-73
of this chapter.
Sec. 102-79.60 Are agencies required to use historic properties
available to the agency?
Yes, Federal agencies must assume responsibility for the
preservation of the historic properties they own or control. Prior to
acquiring, constructing or leasing buildings, agencies must use, to the
maximum extent feasible, historic properties already owned or leased by
the agency (16 U.S.C. 470h-2).
Outleasing
Sec. 102-79.65 May Executive agencies outlease space on major public
access levels, courtyards and rooftops of public buildings?
Yes. Authority to execute such outleases may be delegated by the
Administrator based on authorities provided by the Public Buildings
[[Page 67851]]
Cooperative Use Act (40 U.S.C. Sec. 581(h)), the proceeds of which are
to be deposited into GSA's Federal Buildings Fund. Using such
authority, Executive agencies, upon approval from GSA, may--
(a) Enter into leases of space on major public access levels,
courtyards and rooftops of any public building with persons, firms, or
organizations engaged in commercial, cultural, educational, or
recreational activities (as defined in 40 U.S.C. 3306);
(b) Establish rental rates for such leased space equivalent to the
prevailing commercial rate for comparable space devoted to a similar
purpose in the vicinity of the building; and
(c) Use leases that contain terms and conditions that the
Administrator deems necessary to promote competition and protect the
public interest.
Siting Antennas on Federal Property
Sec. 102-79.70 May Executive agencies assess fees against other
Executive agencies for antenna placements and supporting services?
Yes. Executive agencies, upon approval from GSA, may assess fees
for placement of antennas and supporting services against other
agencies (that own these antennas) under 40 U.S.C. 586(c) and 40 U.S.C.
121(e). Unless a differing rate has been approved by the Administrator,
such fees or charges must approximate commercial charges for comparable
space and services (i.e., market rates). The proceeds from such charges
or fees must be credited to the appropriation or fund initially charged
for providing the space or services. Any amounts in excess of actual
operating and maintenance costs must be credited to miscellaneous
receipts unless otherwise provided by law. The charges or fees assessed
by the Administrator for the placement of antennas and supporting
services in GSA-controlled space are generally credited to GSA's
Federal Buildings Fund.
Sec. 102-79.75 May Executive agencies assess fees for antenna
placements against public service organizations for antenna site
outleases on major pedestrian access levels, courtyards, and rooftops
of public buildings?
Yes. Executive agencies in GSA-controlled space, upon approval from
GSA, may assess fees for antenna placements against public service
organizations under 40 U.S.C. 581(h) and 40 U.S.C. 121(e). Such fees or
rental rates must be equivalent to the prevailing commercial rate for
comparable space devoted to commercial antenna placements in the
vicinity of the public building and the proceeds from such charges or
fees must be credited to GSA's Federal Buildings Fund.
Sec. 102-79.80 May Executive agencies assess fees for antenna
placements against telecommunication service providers for antenna site
outleases on major pedestrian access levels, courtyards, and rooftops
of public buildings?
Yes. GSA, or other Executive agencies, upon approval from GSA, may
charge fees based on market value to telecommunication service
providers for antenna placements in public buildings. Market value
should be equivalent to the prevailing commercial rate for comparable
space for commercial antenna placements in the vicinity of the public
building. Such fees must be credited to GSA's Federal Buildings Fund.
Sec. 102-79.85 What policy must Executive agencies follow concerning
the placement of commercial antennas on Federal property?
Executive agencies will make antenna sites available on a fair,
reasonable, and nondiscriminatory basis. Collocation of antennas should
be encouraged where there are multiple antenna siting requests for the
same location. In cases where this is not feasible and space
availability precludes accommodating all antenna siting applicants,
competitive procedures may be used. This should be done in accordance
with applicable Federal, State and local laws and regulations, and
consistent with national security concerns. In making antenna sites
available, agencies must avoid electromagnetic intermodulations and
interferences. To the maximum extent practicable, when placing antennas
for the provision of telecommunication services to the Federal
Government, agencies should use redundant and physically separate entry
points into the building and physically diverse local network
facilities in accordance with guidance issued by the Office of
Management and Budget.
Sec. 102-79.90 What criteria must Executive agencies consider when
evaluating antenna siting requests?
When evaluating antenna siting requests, Executive agencies must
consider issues such as--
(a) Public health and safety with respect to the antenna
installation and maintenance;
(b) Aesthetics;
(c) Effects on historic districts, sites, buildings, monuments,
structures, or other objects pursuant to the National Historic
Preservation Act of 1966, as amended, and implementing regulations;
(d) Protection of natural and cultural resources (e.g., National
Parks and Wilderness areas, National Wildlife Refuge systems);
(e) Compliance with the appropriate level of review and
documentation as necessary under the National Environmental Policy Act
of 1969, as amended, and implementing regulations of each Federal
department and agency responsible for the antenna siting project, and
the Federal Aviation Administration, the National Telecommunications
and Information Administration, and other relevant departments and
agencies;
(f) Compliance with the Federal Communications Commission's (FCC)
guidelines for radiofrequency exposure, ET Docket No. 93-62, entitled
``Guidelines for Evaluating the Environmental Effects of Radiofrequency
Radiation,'' issued August 1, 1996, and any other order on
reconsideration relating to radiofrequency guidelines and their
enforcement. These are updated guidelines for meeting health concerns
that reflect the latest scientific knowledge in this area, and are
supported by Federal health and safety agencies such as the
Environmental Protection Agency and the Food and Drug Administration;
and
(g) Any requirements of the Federal agency managing the facility,
FCC, Federal Aviation Administration, National Telecommunications and
Information Administration, and other relevant departments and
agencies. To the maximum extent practicable, when placing antennas for
the provision of telecommunication services to the Federal Government,
agencies should use redundant and physically separate entry points into
the building and physically diverse local network facilities in
accordance with guidance issued by the Office of Management and Budget.
In addition, the National Capital Planning Commission should be
consulted for siting requests within the Washington, D.C. metropolitan
area.
Sec. 102-79.95 Who is responsible for the costs associated with
providing access to antenna sites?
The telecommunications service provider is responsible for any
reasonable costs to Federal agencies associated with providing access
to antenna sites, including obtaining appropriate clearance of provider
personnel for access to buildings or land deemed to be security
sensitive as is done with service contractor personnel. OMB Circular A-
25, entitled ``User
[[Page 67852]]
Charges,'' revised July 8, 1993, provides guidelines that agencies
should use to assess fees for Government services and for the sale or
use of Government property or resources. For antenna sites on non-GSA
property, see also the Department of Commerce Report on ``Improving
Rights-of-Way Management Across Federal Lands: A Roadmap for Greater
Broadband Deployment'' (April 2004) beginning at page 26. Under 40
U.S.C. 1314, GSA is covered in granting easements and permits to
support the installation of antennas and cabling across raw land in
support of constructing new and improving existing telecommunication
infrastructures provided that such installation does not negatively
impact on the Government.
Sec. 102-79.100 What must Federal agencies do with antenna siting
fees that they collect?
The account into which an antenna siting fee is to be deposited
depends on the authority under which the antenna site is made available
and the fee assessed. For GSA-controlled property outleased under 40
U.S.C. 581(h) or section 412 of Division H of public law 108-447, the
fee is to be deposited into GSA's Federal Building Fund. For surplus
property outleased under 40 U.S.C. 543, the fee is to be deposited in
accordance with the provisions of Subchapter IV of Chapter 5 of
Subtitle I of Title 40 of the United States Code. For siting fees
collected under other statutory authorities, the fees might be
deposited into miscellaneous receipts, an account of the landholding
agency, or as otherwise provided by law. Federal agencies should
consult with their agency's legal advisors before depositing antenna
proceed from sites on agency-controlled Federal property.
Integrated Workplace
Sec. 102-79.105 What is the Integrated Workplace?
The Integrated Workplace, developed by the GSA Office of
Governmentwide Policy, is a comprehensive, multidisciplinary approach
to developing workspace and work strategies that best support an
organization's strategic business goals and work processes, and have
the flexibility to accommodate the changing needs of the occupants and
the organization. Integrated Workplace concepts support the objectives
of Executive Order 13327, ``Federal Real Property Asset Management,''
which calls for the enhancement of Federal agency productivity through
an improved working environment.
Sec. 102-79.110 What Integrated Workplace policy must Federal
agencies strive to promote?
Federal agencies must strive to design work places that--
(a) Are developed using sustainable development concepts (see Sec.
102-76.55);
(b) Align with the organization's mission and strategic plan;
(c) Serve the needs and work practices of the occupants;
(d) Can be quickly and inexpensively adjusted by the user to
maximize his or her productivity and satisfaction;
(e) Are comfortable, efficient, and technologically advanced and
allow people to accomplish their work in the most efficient way;
(f) Meet the office's needs and can justify its cost through the
benefits gained;
(g) Are developed with an integrated building systems approach;
(h) Are based on a life cycle cost analysis that considers both
facility and human capital costs over a substantial time period; and
(i) Support alternative workplace arrangements, including
telecommuting, hoteling, virtual offices, and other distributive work
arrangements (see Part 102-74, Subpart F--Telework).
Sec. 102-79.111 Where may Executive agencies find additional
information on Integrated Workplace concepts?
The GSA Office of Governmentwide Policy provides additional
guidance in its publication entitled ``Innovative Workplace
Strategies.''
Public Access Defibrillation Programs
Sec. 102-79.115 What guidelines must an agency follow if it elects to
establish a public access defibrillation program in a Federal facility?
Federal agencies electing to establish a public access
defibrillation program in a Federal facility must follow the
guidelines, entitled ``Guidelines for Public Access Defibrillation
Programs in Federal Facilities,'' which can be obtained from the Office
of Governmentwide Policy, Office of Real Property (MP), General
Services Administration, 1800 F Street, NW, Washington, DC 20405.
0
10. Revise part 102-80 to read as follows:
PART 102-80--SAFETY AND ENVIRONMENTAL MANAGEMENT
Subpart A--General Provisions
Sec.
102-80.5 What is the scope of this part?
102-80.10 What are the basic safety and environmental management
policies for real property?
Subpart B--Safety and Environmental Management
Asbestos
102-80.15 What are Federal agencies' responsibilities concerning the
assessment and management of asbestos?
Radon
102-80.20 What are Federal agencies' responsibilities concerning the
abatement of radon?
Indoor Air Quality
102-80.25 What are Federal agencies' responsibilities concerning the
management of indoor air quality?
Lead
102-80.30 What are Federal agencies' responsibilities concerning
lead?
Hazardous Materials and Wastes
102-80.35 What are Federal agencies' responsibilities concerning the
monitoring of hazardous materials and wastes?
Underground Storage Tanks
102-80.40 What are Federal agencies' responsibilities concerning the
management of underground storage tanks?
Seismic Safety
102-80.45 What are Federal agencies' responsibilities concerning
seismic safety in Federal facilities?
Risks and Risk Reduction Strategies
102-80.50 Are Federal agencies responsible for identifying/
estimating risks and for appropriate risk reduction strategies?
102-80.55 Are Federal agencies responsible for managing the
execution of risk reduction projects?
Facility Assessments
102-80.60 Are Federal agencies responsible for performing facility
assessments?
Incident Investigation
102-80.65 What are Federal agencies' responsibilities concerning the
investigation of incidents, such as fires, accidents, injuries, and
environmental incidents?
Responsibility for Informing Tenants
102-80.70 Are Federal agencies responsible for informing their
tenants of the condition and management of their facility safety and
environment?
Assessment of Environmental Issues
102-80.75 Who assesses environmental issues in Federal construction
and lease construction projects?
Subpart C--Accident and Fire Prevention
102-80.80 With what general accident and fire prevention policy must
Federal agencies comply?
State and Local Codes
102-80.85 Are Federally owned and leased buildings exempt from State
and local code requirements in fire protection?
[[Page 67853]]
Fire Administration Authorization Act of 1992
102-80.90 Is the Fire Administration Authorization Act of 1992 (Pub.
L. 102-522) relevant to fire protection engineering?
102-80.95 Is the Fire Administration Authorization Act of 1992
applicable to all Federal agencies?
Automatic Sprinkler Systems
102-80.100 What performance objective should an automatic sprinkler
system be capable of meeting?
Equivalent Level of Safety Analysis
102-80.105 What information must be included in an equivalent level
of safety analysis?
102-80.110 What must an equivalent level of safety analysis
indicate?
102-80.115 Is there more than one option for establishing that an
equivalent level of safety exists?
102-80.120 What analytical and empirical tools should be used to
support the life safety equivalency evaluation?
102-80.125 Who has the responsibility for determining the
acceptability of each equivalent level of safety analysis?
102-80.130 Who must perform the equivalent level of safety analysis?
102-80.135 Who is a qualified fire protection engineer?
Room of Origin
102-80.140 What is meant by ``room of origin''?
Flashover
102-80.145 What is meant by ``flashover''?
Reasonable Worst Case Fire Scenario
102-80.150 What is meant by ``reasonable worst case fire scenario''?
Authority: 40 U.S.C. 121(c) and 581-593.
Subpart A--General Provisions
Sec. 102-80.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including GSA's Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services. The responsibilities for safety and environmental management
under this part are intended to apply to GSA or those Federal agencies
operating in GSA space pursuant to a GSA delegation of authority.
Sec. 102-80.10 What are the basic safety and environmental management
policies for real property?
The basic safety and environmental management policies for real
property are that Federal agencies must--
(a) Provide for a safe and healthful work environment for Federal
employees and the visiting public;
(b) Protect Federal real and personal property;
(c) Promote mission continuity;
(d) Provide reasonable safeguards for emergency forces if an
incident occurs;
(e) Assess risk;
(f) Make decision makers aware of risks; and
(g) Act promptly and appropriately in response to risk.
Subpart B--Safety and Environmental Management
Asbestos
Sec. 102-80.15 What are Federal agencies' responsibilities concerning
the assessment and management of asbestos?
Federal agencies have the following responsibilities concerning the
assessment and management of asbestos:
(a) Inspect and assess buildings for the presence and condition of
asbestos-containing materials. Space to be leased must be free of all
asbestos containing materials, except undamaged asbestos flooring in
the space or undamaged boiler or pipe insulation outside the space, in
which case an asbestos management program conforming to U.S.
Environmental Protection Agency (EPA) guidance must be implemented.
(b) Manage in-place asbestos that is in good condition and not
likely to be disturbed.
(c) Abate damaged asbestos and asbestos likely to be disturbed.
Federal agencies must perform a pre-alteration asbestos assessment for
activities that may disturb asbestos.
(d) Not use asbestos in new construction, renovation/modernization
or repair of their owned or leased space. Unless approved by GSA,
Federal agencies must not obtain space with asbestos through purchase,
exchange, transfer, or lease, except as identified in paragraph (a) of
this section.
(e) Communicate all written and oral asbestos information about the
leased space to tenants.
Radon
Sec. 102-80.20 What are Federal agencies' responsibilities concerning
the abatement of radon?
Federal agencies have the following responsibilities concerning the
abatement of radon in space when radon levels exceed current EPA
standards:
(a) Retest abated areas and make lessors retest, as required,
abated areas to adhere to EPA standards.
(b) Test non-public water sources (in remote areas for projects
such as border stations) for radon according to EPA guidance. Radon
levels that exceed current applicable EPA standards must be mitigated.
Federal agencies must retest, as required, to adhere to EPA standards.
Indoor Air Quality
Sec. 102-80.25 What are Federal agencies' responsibilities concerning
the management of indoor air quality?
Federal agencies must assess indoor air quality of buildings as
part of their safety and environmental facility assessments. Federal
agencies must respond to tenant complaints on air quality and take
appropriate corrective action where air quality does not meet
applicable standards.
Lead
Sec. 102-80.30 What are Federal agencies' responsibilities concerning
lead?
Federal agencies have the following responsibilities concerning
lead in buildings:
(a) Test space for lead-based paint in renovation projects that
require sanding, welding or scraping painted surfaces.
(b) Not remove lead based paint from surfaces in good condition.
(c) Test all painted surfaces for lead in proposed or existing
child care centers.
(d) Abate lead-based paint found in accordance with U.S. Department
of Housing and Urban Development (HUD) Lead-Based Paint Guidelines,
available by writing to HUD USER, P.O. Box 6091, Rockville, MD 20850.
(e) Test potable water for lead in all drinking water outlets.
(f) Take corrective action when lead levels exceed the HUD
Guidelines.
Hazardous Materials and Wastes
Sec. 102-80.35 What are Federal agencies' responsibilities concerning
the monitoring of hazardous materials and wastes?
Federal agencies' responsibilities concerning the monitoring of
hazardous materials and wastes are as follows:
(a) Monitor the transport, use, and disposition of hazardous
materials and waste in buildings to provide for compliance with GSA,
Occupational Safety and Health Administration (OSHA), Department of
Transportation, EPA, and applicable State and local requirements. In
addition to those operating in GSA space pursuant to a delegation of
authority, tenants in GSA space must comply with these requirements.
(b) In leased space, include in all agreements with the lessor
requirements that hazardous materials stored in leased space are kept
and maintained according to applicable Federal, State, and local
environmental regulations.
[[Page 67854]]
Underground Storage Tanks
Sec. 102-80.40 What are Federal agencies' responsibilities concerning
the management of underground storage tanks?
Federal agencies have the following responsibilities concerning the
management of underground storage tanks in real property:
(a) Register, manage and close underground storage tanks, including
heating oil and fuel oil tanks, in accordance with GSA, EPA, and
applicable State and local requirements.
(b) Require the party responsible for tanks they use but do not own
to follow these requirements and to be responsible for the cost of
compliance.
Seismic Safety
Sec. 102-80.45 What are Federal agencies' responsibilities concerning
seismic safety in Federal facilities?
Federal agencies must follow the standards issued by the
Interagency Committee on Seismic Safety in Construction (ICSSC) as the
minimum level acceptable for use by Federal agencies in assessing the
seismic safety of their owned and leased buildings and in mitigating
unacceptable seismic risks in those buildings.
Risks and Risk Reduction Strategies
Sec. 102-80.50 Are Federal agencies responsible for identifying/
estimating risks and for appropriate risk reduction strategies?
Yes, Federal agencies must identify and estimate safety and
environmental management risks and appropriate risk reduction
strategies for buildings. Federal agencies occupying as well as
operating buildings must identify any safety and environmental
management risks and report or correct the situation, as appropriate.
Federal agencies must use the applicable national codes and standards
as a guide for their building operations.
Sec. 102-80.55 Are Federal agencies responsible for managing the
execution of risk reduction projects?
Yes, Federal agencies must manage the execution of risk reduction
projects in buildings they operate. Federal agencies must identify and
take appropriate action to eliminate hazards and regulatory
noncompliance.
Facility Assessments
Sec. 102-80.60 Are Federal agencies responsible for performing
facility assessments?
Yes, Federal agencies must evaluate facilities to comply with GSA's
safety and environmental program and applicable Federal, State and
local environmental laws and regulations. Federal agencies should
conduct these evaluations in accordance with schedules that are
compatible with repair and alteration and leasing operations.
Incident Investigation
Sec. 102-80.65 What are Federal agencies' responsibilities concerning
the investigation of incidents, such as fires, accidents, injuries, and
environmental incidents?
Federal agencies have the following responsibilities concerning the
investigation of incidents, such as fires, accidents, injuries, and
environmental incidents in buildings they operate:
(a) Investigate all incidents regardless of severity.
(b) Form Boards of Investigation for incidents resulting in serious
injury, death, or significant property losses.
Responsibility for Informing Tenants
Sec. 102-80.70 Are Federal agencies responsible for informing their
tenants of the condition and management of their facility safety and
environment?
Yes, Federal agencies must inform their tenants of the condition
and management of their facility safety and environment. Agencies
operating GSA buildings must report any significant facility safety or
environmental concerns to GSA.
Assessment of Environmental Issues
Sec. 102-80.75 Who assesses environmental issues in Federal
construction and lease construction projects?
Federal agencies must assess required environmental issues
throughout planning and project development so that the environmental
impacts of a project are considered during the decision making process.
Subpart C--Accident and Fire Prevention
Sec. 102-80.80 With what general accident and fire prevention policy
must Federal agencies comply?
Federal agencies must--
(a) Comply with the occupational safety and health standards
established in the Occupational Safety and Health Act of 1970 (Pub. L.
91-596); Executive Order 12196; 29 CFR part 1960; and applicable safety
and environmental management criteria identified in this part;
(b) Not expose occupants and visitors to unnecessary risks;
(c) Provide safeguards that minimize personal harm, property
damage, and impairment of Governmental operations, and that allow
emergency forces to accomplish their missions effectively;
(d) Follow accepted fire prevention practices in operating and
managing buildings;
(e) To the maximum extent feasible, comply with one of the
nationally recognized model building codes and with other nationally-
recognized codes in their construction or alteration of each building
in accordance with 40 U.S.C. 3312; and
(f) Use the applicable national codes and standards as a guide for
their building operations.
State and Local Codes
Sec. 102-80.85 Are Federally owned and leased buildings exempt from
State and local code requirements in fire protection?
Federally owned buildings are generally exempt from State and local
code requirements in fire protection; however, in accordance with 40
U.S.C. 3312, each building constructed or altered by a Federal agency
must be constructed or altered, to the maximum extent feasible, in
compliance with one of the nationally recognized model building codes
and with other nationally recognized codes. Leased buildings are
subject to local code requirements and inspection.
Fire Administration Authorization Act of 1992
Sec. 102-80.90 Is the Fire Administration Authorization Act of 1992
(Public Law 102-522) relevant to fire protection engineering?
Yes, the Fire Administration Authorization Act of 1992 (Pub. L.
102-522) requires sprinklers or an equivalent level of safety in
certain types of Federal employee office buildings, Federal employee
housing units, and Federally assisted housing units (15 U.S.C. 2227).
Sec. 102-80.95 Is the Fire Administration Authorization Act of 1992
applicable to all Federal agencies?
Yes, the Fire Administration Authorization Act applies to all
Federal agencies and all Federally owned and leased buildings in the
United States.
Automatic Sprinkler Systems
Sec. 102-80.100 What performance objective should an automatic
sprinkler system be capable of meeting?
The performance objective of the automatic sprinkler system is that
it must be capable of protecting human lives. Sprinklers should be
capable of controlling the spread of fire and its effects beyond the
room of origin. A functioning sprinkler system should activate prior to
the onset of flashover.
[[Page 67855]]
Equivalent Level of Safety Analysis
Sec. 102-80.105 What information must be included in an equivalent
level of safety analysis?
The equivalent level of life safety evaluation is to be performed
by a qualified fire protection engineer. The analysis should include a
narrative discussion of the features of the building structure,
function, operational support systems and occupant activities that
impact fire protection and life safety. Each analysis should describe
potential reasonable worst case fire scenarios and their impact on the
building occupants and structure. Specific issues that must be
addressed include rate of fire growth, type and location of fuel items,
space layout, building construction, openings and ventilation,
suppression capability, detection time, occupant notification, occupant
reaction time, occupant mobility, and means of egress.
Sec. 102-80.110 What must an equivalent level of safety analysis
indicate?
To be acceptable, the analysis must indicate that the existing and/
or proposed safety systems in the building provide a period of time
equal to or greater than the amount of time available for escape in a
similar building complying with the Fire Administration Authorization
Act. In conducting these analyses, the capability, adequacy, and
reliability of all building systems impacting fire growth, occupant
knowledge of the fire, and time required to reach a safety area will
have to be examined. In particular, the impact of sprinklers on the
development of hazardous conditions in the area of interest will have
to be assessed.
Sec. 102-80.115 Is there more than one option for establishing that
an equivalent level of safety exists?
Yes, the following are three options for establishing that an
equivalent level of safety exists:
(a) In the first option, the margin of safety provided by various
alternatives is compared to that obtained for a code complying building
with complete sprinkler protection. The margin of safety is the
difference between the available safe egress time and the required safe
egress time. Available safe egress time is the time available for
evacuation of occupants to an area of safety prior to the onset of
untenable conditions in occupied areas or the egress pathways. The
required safe egress time is the time required by occupants to move
from their positions at the start of the fire to areas of safety.
Available safe egress times would be developed based on analysis of a
number of assumed reasonable worst case fire scenarios including
assessment of a code complying fully sprinklered building. Additional
analysis would be used to determine the expected required safe egress
times for the various scenarios. If the margin of safety plus an
appropriate safety factor is greater for an alternative than for the
fully sprinklered building, then the alternative should provide an
equivalent level of safety.
(b) A second alternative is applicable for typical office and
residential scenarios. In these situations, complete sprinkler
protection can be expected to prevent flashover in the room of fire
origin, limit fire size to no more than 1 megawatt (950 Btu/sec), and
prevent flames from leaving the room of origin. The times required for
each of these conditions to occur in the area of interest must be
determined. The shortest of these three times would become the time
available for escape. The difference between the minimum time available
for escape and the time required for evacuation of building occupants
would be the target margin of safety. Various alternative protection
strategies would have to be evaluated to determine their impact on the
times at which hazardous conditions developed in the spaces of interest
and the times required for egress. If a combination of fire protection
systems provides a margin of safety equal to or greater than the target
margin of safety, then the combination could be judged to provide an
equivalent level of safety.
(c) As a third option, other technical analysis procedures, as
approved by the responsible agency head, can be used to show
equivalency.
Sec. 102-80.120 What analytical and empirical tools should be used to
support the life safety equivalency evaluation?
Analytical and empirical tools, including fire models and grading
schedules such as the Fire Safety Evaluation System (Alternative
Approaches to Life Safety, NEPA 101A) should be used to support the
life safety equivalency evaluation. If fire modeling is used as part of
an analysis, an assessment of the predictive capabilities of the fire
models must be included. This assessment should be conducted in
accordance with the American Society for Testing and Materials Standard
Guide for Evaluating the Predictive Capability of Fire Models (ASTM E
1355).
Sec. 102-80.125 Who has the responsibility for determining the
acceptability of each equivalent level of safety analysis?
The head of the agency responsible for physical improvements in the
facility or providing Federal assistance or a designated representative
will determine the acceptability of each equivalent level of safety
analysis. The determination of acceptability must include a review of
the fire protection engineer's qualifications, the appropriateness of
the fire scenarios for the facility, and the reasonableness of the
assumed maximum probable loss. Agencies should maintain a record of
each accepted equivalent level of safety analysis and provide copies to
fire departments or other local authorities for use in developing pre-
fire plans.
Sec. 102-80.130 Who must perform the equivalent level of safety
analysis?
A qualified fire protection engineer must perform the equivalent
level of safety analysis.
Sec. 102-80.135 Who is a qualified fire protection engineer?
A qualified fire protection engineer is defined as an individual
with a thorough knowledge and understanding of the principles of
physics and chemistry governing fire growth, spread, and suppression,
meeting one of the following criteria:
(a) An engineer having an undergraduate or graduate degree from a
college or university offering a course of study in fire protection or
fire safety engineering, plus a minimum of 4 years work experience in
fire protection engineering.
(b) A professional engineer (P.E. or similar designation)
registered in Fire Protection Engineering.
(c) A professional engineer (P.E. or similar designation)
registered in a related engineering discipline and holding Member grade
status in the International Society of Fire Protection Engineers.
Room of Origin
Sec. 102-80.140 What is meant by ``room of origin''?
Room of origin means an area of a building where a fire can be
expected to start. Typically, the size of the area will be determined
by the walls, floor, and ceiling surrounding the space. However, this
could lead to unacceptably large areas in the case of open plan office
space or similar arrangements. Therefore, the maximum allowable fire
area should be limited to 200 m2 (2000 ft2), including intervening
spaces. In the case of residential units, an entire apartment occupied
by one tenant could be considered as the room of origin to the extent
it did not exceed the 200 m2 (2000 ft2) limitation.
[[Page 67856]]
Flashover
Sec. 102-80.145 What is meant by ``flashover''?
Flashover means fire conditions in a confined area where the upper
gas layer temperature reaches 600 [deg]C (1100 [deg]F) and the heat
flux at floor level exceeds 20 kW/m2 (1.8 Btu/ft2/sec).
Reasonable Worst Case Fire Scenario
Sec. 102-80.150 What is meant by ``reasonable worst case fire
scenario''?
Reasonable worst case fire scenario means a combination of an
ignition source, fuel items, and a building location likely to produce
a fire that would have a significant adverse impact on the building and
its occupants. The development of reasonable worst case scenarios must
include consideration of types and forms of fuels present (e.g.,
furniture, trash, paper, chemicals), potential fire ignition locations
(e.g., bedroom, office, closet, corridor), occupant capabilities (e.g.,
awake, intoxicated, mentally or physically impaired), numbers of
occupants, detection and suppression system adequacy and reliability,
and fire department capabilities. A quantitative analysis of the
probability of occurrence of each scenario and combination of events
will be necessary.
0
11. Revise part 102-81 to read as follows:
PART 102-81--SECURITY
Subpart A--General Provisions
Sec.
102-81.5 What is the scope of this part?
102-81.10 What basic security policy governs Federal agencies?
Subpart B--Security
102-81.15 Who is responsible for upgrading and maintaining security
standards in each existing Federally owned and leased facility?
102-81.20 Are the security standards for new Federally owned and
leased facilities the same as the standards for existing Federally
owned and leased facilities?
102-81.25 Do the Interagency Security Committee Security Design
Criteria apply to all new Federally owned and leased facilities?
102-81.30 What information must job applicants at child care centers
reveal?
Authority: 40 U.S.C. 121(c), 581-593, and 1315.
Subpart A--General Provisions
Sec. 102-81.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including GSA's Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services.
Sec. 102-81.10 What basic security policy governs Federal agencies?
Federal agencies on Federal property under the charge and control
of the Administrator and having a security delegation of authority from
the Secretary of the Department of Homeland Security must provide for
the security and protection of the real estate they occupy, including
the protection of persons within the property.
Subpart B--Security
Sec. 102-81.15 Who is responsible for upgrading and maintaining
security standards in each existing Federally owned and leased
facility?
In a June 28, 1995, Presidential Policy Memorandum for Executive
Departments and Agencies, entitled ``Upgrading Security at Federal
Facilities'' (see the Weekly Compilation of Presidential Documents,
vol. 31, p. 1148), the President directed that Executive agencies must,
where feasible, upgrade and maintain security in facilities they own or
lease under their own authority to the minimum standards specified in
the Department of Justice's June 28, 1995, study entitled
``Vulnerability Assessment of Federal Facilities.'' The study may be
obtained by writing to the Superintendent of Documents, P.O. Box
371954, Pittsburgh, PA 15250-7954.
Sec. 102-81.20 Are the security standards for new Federally owned and
leased facilities the same as the standards for existing Federally
owned and leased facilities?
No, the minimum standards specified in the Department of Justice's
June 28, 1995, study entitled ``Vulnerability Assessment of Federal
Facilities'' identifies the minimum-security standards that agencies
must adhere to for all existing owned and leased Federal facilities. As
specified in Sec. 102-81.25, new Federally owned and leased facilities
must be designed to meet the standards identified in the document
entitled ``Interagency Security Committee Security Design Criteria for
New Federal Office Buildings and Major Modernization Projects,'' dated
May 28, 2001. The security design criteria for new facilities takes
into consideration technology developments, new cost consideration, the
experience of practitioners applying the criteria, and the need to
balance security requirements with public building environments that
remain lively, open, and accessible.
Sec. 102-81.25 Do the Interagency Security Committee Security Design
Criteria apply to all new Federally owned and leased facilities?
No, the Interagency Security Committee Security Design Criteria--
(a) Apply to new construction of general purpose office buildings
and new or lease-construction of courthouses occupied by Federal
employees in the United States and not under the jurisdiction and/or
control of the Department of Defense. The criteria also apply to lease-
construction projects being submitted to Congress for appropriations or
authorization. Where prudent and appropriate, the criteria apply to
major modernization projects; and
(b) Do not apply to airports, prisons, hospitals, clinics, and
ports of entry, or to unique facilities such as those classified by the
Department of Justice Vulnerability Assessment Study as Level V. Nor
will the criteria overrule existing Federal laws and statutes, and
other agency standards that have been developed for special facilities,
such as border stations and child care centers.
Sec. 102-81.30 What information must job applicants at child care
centers reveal?
Anyone who applies for employment (including volunteer positions)
at a child care facility, located on Federally controlled property
(including Federally leased property), must reveal any arrests and
convictions on the job application. Employment at a child care facility
means any position that involves work with minor children, such as a
teacher, daycare worker, or school administrator.
0
12. Revise part 102-82 to read as follows:
PART 102-82--UTILITY SERVICES
Subpart A--General Provisions
Sec.
102-82.5 What is the scope of this part?
102-82.10 What basic utility services policy govern Executive
agencies?
Subpart B--Utility Services
102-82.15 What utility services must Executive agencies provide?
102ndash;82.20 What are Executive agencies' rate intervention
responsibilities?
102-82.25 What are Executive agencies' responsibilities concerning
the procurement of utility services?
Authority: 40 U.S.C. 121(c) and 501.
Subpart A--General Provisions
Sec. 102-82.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including GSA's Public Buildings Service (PBS), operating
under, or
[[Page 67857]]
subject to, the authorities of the Administrator of General Services.
Sec. 102-82.10 What basic utility services policy govern Executive
agencies?
Executive agencies procuring, managing or supplying utility
services under Title 40 of the United States Code must provide or
procure services that promote economy and efficiency with due regard to
the mission responsibilities of the agencies concerned.
Subpart B--Utility Services
Sec. 102-82.15 What utility services must Executive agencies provide?
Executive agencies must negotiate with public utilities to procure
utility services and, where appropriate, provide rate intervention
services in proceedings (see Sec. Sec. 102-72.100 and 102-72.105 of
this chapter) before Federal and State utility regulatory bodies.
Sec. 102-82.20 What are Executive agencies' rate intervention
responsibilities?
Where the consumer interests of the Federal Government will be
significantly affected and upon receiving a delegation of authority
from GSA, Executive agencies must provide representation in proceedings
involving utility services before Federal and State regulatory bodies.
Specifically, these responsibilities include instituting formal or
informal action before Federal and State regulatory bodies to contest
the level, structure, or applicability of rates or service terms of
utility suppliers. The Secretary of Defense is independently authorized
to take such actions without a delegation from GSA, when the Secretary
determines such actions to be in the best interests of national
security.
Sec. 102-82.25 What are Executive agencies' responsibilities
concerning the procurement of utility services?
Executive agencies, operating under a utility services delegation
from GSA, or the Secretary of Defense, when the Secretary determines it
to be in the best interests of national security, must provide for the
procurement of utility services (such as commodities and utility rebate
programs), as required, and must procure from sources of supply that
are the most advantageous to the Federal Government in terms of
economy, efficiency, reliability, or quality of service. Executive
agencies, upon receiving a delegation of authority from GSA, may enter
into contracts for utility services for periods not exceeding ten years
(40 U.S.C. 501(b)(1)(B)).
0
13. Revise part 102-83 to read as follows:
PART 102-83--LOCATION OF SPACE
Subpart A--General Provisions
Sec.
102-83.5 What is the scope of this part?
102-83.10 What basic location of space policy governs an Executive
agency?
102-83.15 Is there a general hierarchy of consideration that
agencies must follow in their utilization of space?
Subpart B--Location of Space
Delineated Area
102-83.20 What is a delineated area?
102-83.25 Who is responsible for identifying the delineated area
within which a Federal agency wishes to locate specific activities?
102-83.30 In addition to its mission and program requirements, are
there any other issues that Federal agencies must consider in
identifying the delineated area?
102-83.35 Are Executive agencies required to consider whether the
central business area will provide for adequate competition when
acquiring leased space?
102-83.40 Who must approve the final delineated area?
102-83.45 Where may Executive agencies find guidance on appealing
GSA's decisions and recommendations concerning delineated areas?
Rural Areas
102-83.50 What is the Rural Development Act of 1972?
102-83.55 What is a rural area?
102-83.60 What is an urbanized area?
102-83.65 Are Executive agencies required to give first priority to
the location of new offices and other facilities in rural areas?
Urban Areas
102-83.70 What is Executive Order 12072?
102-83.75 What is Executive Order 13006?
102-83.80 What is an urban area?
102-83.85 What is a central business area?
102-83.90 Do Executive Orders 12072 and 13006 apply to rural areas?
102-83.95 After an agency has identified that its geographic service
area and delineated area are in an urban area, what is the next step
for an agency?
102-83.100 Why must agencies consider available space in properties
under the custody and control of the U.S. Postal Service?
102-83.105 What happens if there is no available space in non-
historic buildings under the custody and control of the U.S. Postal
Service?
102-83.110 When an agency's mission and program requirements call
for the location in an urban area, are Executive agencies required
to give first consideration to central business areas?
102-83.115 What is a central city?
102-83.120 What happens if an agency has a need to be in a specific
urban area that is not a central city in a metropolitan area?
Preference to Historic Properties
102-83.125 Are Executive agencies required to give preference to
historic properties when acquiring leased space?
Application of Socioeconomic Considerations
102-83.130 When must agencies consider the impact of a location
decision on low- and moderate-income employees?
102-83.135 With whom must agencies consult in determining the
availability of low- and moderate-income housing?
Appendix to Part 102-83--Memorandum of Understanding Between the
Department of Housing and Urban Development and the General Services
Administration Concerning Low- and Moderate-Income Housing
Authority: 40 U.S.C. 121(c); E.O. 12072; and E.O. 13006.
Subpart A--General Provisions
Sec. 102-83.5 What is the scope of this part?
The real property policies contained in this part apply to Federal
agencies, including GSA's Public Buildings Service (PBS), operating
under, or subject to, the authorities of the Administrator of General
Services.