[Federal Register Volume 73, Number 220 (Thursday, November 13, 2008)]
[Notices]
[Pages 67177-67180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26996]
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GENERAL SERVICES ADMINISTRATION
[OMB Control No. 3090-XXXX]
General Services Administration; Office of Governmentwide Policy;
Information Collection Standard Form (SF-XXXX), Real Property Status
Report
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Interim Notice; request for comments regarding a new
information collection.
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SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995
(44 U.S.C. Chapter 35), the GSA Office of Governmentwide Policy will
submit to the Office of Management and Budget (OMB) a request to review
and approve a new information collection requirement concerning
reporting real property status. The GSA, on behalf of the Grants Policy
Committee, proposes to issue a new standard form, the Real Property
Status Report (RPSR) (SF-XXXX).
This interim notice is being issued to address comments received as
a result of the notice published in the Federal Register at 72 FR 64646
on November 16, 2007, and to present changes made to the report as a
result of those comments. We anticipate this being the interim notice
before the form and instructions are finalized.
The general public and Federal agencies are invited to comment on
the proposed revised report. To view the
[[Page 67178]]
report and a full list of comments received along with work group
responses, go to OMB's Web page at http://www.OMB.gov and click on the
``Grants Management,'' then ``Forms,'' then Proposed Government-Wide
Standard Grants Reporting Forms links.
DATES: Comment Due Date: January 12, 2009.
FOR FURTHER INFORMATION CONTACT: Michael Nelson, Chair, Post-Award
Workgroup; telephone 301-713-0833 ext. 199; fax 301-713-0806; e-mail
[email protected]; mailing address 1305 East-West Highway, Room
7142, Silver Spring, MD 20910.
ADDRESSES: Submit comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing this burden, to the Regulatory Secretariat (VPR), General
Services Administration, Room 4041, 1800 F Street, NW., Washington, DC
20405.
SUPPLEMENTARY INFORMATION:
A. Purpose
The report will be used to collect information related to real
property when required by a Federal financial assistance award. The SF-
XXXX includes a cover page, attachment A, ``General Reporting'',
attachment B, ``Request To Acquire, Improve or Furnish'' and attachment
C, ``Disposition Request.'' The purpose of this new report is to assist
recipients of grants and cooperative agreements when they are required
to provide a Federal agency with information related to real property
to which the Federal government holds an interest as a result of the
real property being acquired, improved or furnished under a Federal
financial assistance award, and for real property that was donated to a
Federal project in the form of a required match or cost sharing
donation. The report establishes a standard format for reporting real
property status under financial assistance awards. It does establish an
annual reporting date of September 30 to be used if an award does not
specify an annual reporting date, unless Federal interest in the real
property extends 15 years or longer. To create uniformity of collection
and support future electronic submission of information, the standard
reporting form will replace any agency unique forms currently in use.
Background
The GSA, on behalf of the Federal Grants Streamlining Initiative,
announced in the Federal Register on November 16, 2007 (72 FR 64646),
its intent to issue a new standard report, the Real Property Status
Report (SF-XXXX).
Public Law 106-107 required the OMB to direct, coordinate, and
assist Executive Branch departments and agencies in establishing an
interagency process to streamline and simplify Federal financial
assistance procedures for non-Federal entities. The law also required
executive agencies to develop, submit to the Congress, and implement a
plan to achieve streamlined and simplified procedures.
Twenty-six Executive Branch agencies jointly submitted a plan to
the Congress in May 2001, as the Act required. The plan described the
interagency process through which the agencies would review current
policies and practices, and seek to streamline and simplify them. The
process involved interagency work groups under the auspices of the
Grants Management Committee of the Chief Financial Officers Council.
The plan also identified substantive areas in which the interagency
work groups had begun their review.
One of the substantive areas that the agencies identified in the
plan was a need to streamline and simplify Federal grant reporting
requirements and procedures and associated business processes to reduce
unnecessary burdens on recipients and to improve the timeliness,
completeness and quality of the information collected.
Under the standards for management and disposition of federally
owned property, and real property acquired under assistance awards
(real property status) in 2 CFR part 215, the ``Uniform Administrative
Requirements for Grants and Agreements With Institutions of Higher
Education, Hospitals, and Other Non-Profit Organizations'', and the
``Uniform Administrative Requirements for Grants and Agreements With
State and Local Governments'', codified by Federal agencies at 53 FR
8048 (March 11, 1988), recipients may be required to provide Federal
agencies with information concerning property in their custody
annually, at award closeout or when the property is no longer needed.
During the public consultation process mandated by Pub. L. 106-107,
recipients suggested the need for clarification of these requirements
and the establishment of a standard report to help them submit
appropriate property information when required. The Real Property
Status Report is to be used in connection with the requirements listed
in the table below and Federal awarding agency guidelines:
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For . . . A recipient must . . . When . . .
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Federally owned property........... Submit an inventory listing Annually, with information accurate as of 30
September, unless the award specifies a
different date.
Report the property to the The property is no longer needed. Upon
Federal awarding agency. completion of the award or at the point
Federal interest in the property ceases.
Notify the Federal awarding Immediately upon finding property damaged, or
agency. significantly altered.
Request authority to be The recipient is authorized, via the
furnished real property. assistance award, to request to be furnished
real property for the purposes of the project
or program.
Request disposition The property is no longer needed.
instructions. Upon completion of the award or at the point
Federal interest in the property ceases.
Real property improved, donated or Request authority to The recipient is authorized, via the
acquired in whole or in part under acquire or improve real assistance award, to request authorization
an assistance award. property. from the awarding agency, during the post
award phase, to acquire or improve real
property for the purposes of the project or
program.
Request disposition The recipient no longer needs the property for
instructions. any purpose.
Sell the property and The recipient is directed to sell the property
reimburse the Federal under guidelines provided by the Federal
awarding agency for the awarding agency.
Federal share.
[[Page 67179]]
Transfer title to the The recipient is directed to transfer title by
property to the Federal the Federal awarding agency or its successor.
Government or to an
eligible third party.
Compensate the original The recipient wants to retain title without
Federal awarding agency or further obligation to the Federal Government.
its successor.
Obtain the approval of the Before making capital expenditures for
Federal awarding agency. improvements to property that materially
increase its value or useful life.
Obtain the approval of the The recipient wants to use the real property
Federal awarding agency. in other Federally-sponsored projects or
programs that have purposes consistent with
those authorized for support by the Federal
awarding agency when the recipient determines
that the property is no longer needed for the
purposes of the original project.
Request release from the The Federal interest in the property expires,
obligation to report on or the real property has been disposed of in
real property. accordance with agency instructions.
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Discussion of Comments
Sixty-eight (68) comments were received in response to the November
16, 2007, Federal Register notice (72 FR 64646) regarding the RPSR. The
majority of comments came from Federal agencies. Following the close of
the comment period, an interagency team met to review the comments and
make appropriate upgrades to the draft report. A summary of the
comments and the work group responses are below:
Comment 1: The team received 9 comments regarding Attachment B,
which was designed to capture recipient disposition requests and
requests for acquisition, improvement or furnishing of real property.
Agencies that do not allow requests for acquisition, improvement or
furnishing in the post-award context expressed concern that the
attachment may mislead recipients into believing it would be allowable
to make such requests.
Response: There was confusion about the purpose of the original
Attachment B because it contains both post-award requests and
disposition instructions. The team revised the report to separate
requests from disposition and created a new Attachment C. If a
recipient is not allowed to make post-award requests to acquire,
improve or to be furnished real property, Attachment B will be removed
from the recipient reporting requirements at the time of award.
Comment 2: The team received 1 comment expressing concern that
``Conservation Easement'' was listed as an Ownership type.
Response: As it is not an Ownership type, ``Conservation Easement''
has been removed as an Ownership type but can be reported in the
``Other'' category.
Comment 3: The team received 1 comment expressing concern that the
report did not request information regarding a property's requirements
associated with the National Historic Preservation Act.
Response: The report has been updated to include a data request for
any National Historic Preservation Act requirements related to the
property.
Comment 4: The team received 3 comments regarding requests for
additional program specific data blocks, such as the inclusion of
detailed floor plans.
Response: The RPSR is designed for government-wide use. Agencies
have the latitude to modify the form, with the OMB's approval, to
require the reporting of additional information based on program need.
Comment 5: The team received 3 comments regarding the use of
current agency data collection systems and the development of a new
electronic solution for real property reporting.
Response: OMB has not made a decision regarding the development of
a system for collecting real property report information. The data
elements used to develop the report were taken from reporting
instruments used throughout the Federal government. Agencies will be
required to collect the data elements and may use existing agency
systems or formats to do so, as long as those collections are
consistent with the report. The intent is to issue the report in paper
format with the expectation that it will be implemented electronically
in the future.
Comment 6: The team received 1 comment on the proposed reporting
frequency.
Response: Agencies will have the option to require reporting on a
less than once a year basis not to exceed 5 years, (e.g., on a 2, 3 or
up to a 5 year basis) based on program needs. Agencies cannot require
reporting more frequently than on a quarterly basis.
Comment 7: The team received 3 comments regarding the
implementation of the report. Agencies were concerned about whether the
form would be used to report on past and current awards.
Response: The team plans to require the use of the report for all
awards issued after the report is released as final. Agencies can
individually determine whether or not to use the report retroactively.
Comment 8: The team received 8 comments from agencies questioning
the need to collect certain data elements or noting that many agencies
already collect information appearing on the report.
Response: OMB is requiring the submission of all information
appearing on the report so that the Federal Government, as a whole, can
better track the vast amounts of real property in which the government
holds an interest. Currently information on real property in which the
Federal Government holds an interest is not being captured in a
standardized manner; and in some cases, is not being captured at all.
The RPSR data elements will be the standard elements for reporting
on real property once implemented by 2 CFR part 45. The data elements
used to develop the report were taken from reporting instruments being
used throughout the Federal Government. Agencies will be required to
collect the data elements and may use existing agency systems or
formats to do so, as long as those collections are consistent with the
report.
Comment 9: The team received 1 comment concerning potential
duplicative burden on recipients who receive funding from multiple
agencies.
Response: Requesting reports on each funding stream is not
duplicative because each agency needs to be able to establish and
identify its Federal interest.
Comment 10: The team received 5 questions and/or comments
concerning who the report applies to, when it is applicable, and the
regulatory requirement associated with it.
Response: The requirement to use the report will apply to all
Federal financial
[[Page 67180]]
assistance programs for awards that establish a Federal interest on
real property. Currently, there is no regulatory requirement for real
property reporting. The related regulatory requirement is being
developed by OMB and will be included in 2 CFR part 45.
Comment 11: The team received 2 comments from agencies and grantee
organizations concerning whether legislative requirements will take
precedence over RPSR reporting requirements.
Response: If there is a statutory or regulatory basis for the
agency's requirements, then those requirements take precedence to the
report.
Comment 12: The team received 1 comment questioning whether
``Federal interest'' refers to real property and improvements acquired
with Federal funds, and whether such interest would continue to the end
of any use restrictions.
Response: Yes, Federal interest in real property is obtained by
virtue of the use of Federal funding to acquire or improve the property
and, for real property donated as required cost sharing or matching,
unless excluded by statute or award terms. The related award instrument
should specify the terms and duration of the Federal interest.
Comment 13: The team received 1 comment questioning the need for
the Federal Government to impose a reporting requirement extending
beyond the grant period on property donated to the Federal Government.
Response: The government acquires an interest in the total project,
including any property recipients donate to the project as required
cost sharing or matching. Through such donation, the government
acquires a financial interest in the property, the value of which at
any given time is the product of:
a. The Federal share of the project costs under the award; and
b. The current value of the property.
That interest remains until the government releases its interest in
the property.
Comment 14: The team received 1 comment questioning whether ``Tax
Credits'' are Federal or not.
Response: This is a legal question that individual agencies will
need to determine.
Comment 15: The team received 1 comment questioning whether
agencies will need to report on improvements to real property in which
the Federal ownership is in question. For example: improvements to real
property erected on Indian trust and allotted lands.
Response: This is a legal question that should be vetted by agency
attorneys.
Comment 16: The team received 17 comments concerning the clarity of
the instructions.
Response: Where necessary, the team revised the instruction
language to clarify the type of data requested.
Comment 17: The team received 5 comments on the burden estimate for
the report.
Response: The team reconsidered and revised the burden estimate.
Comment 18: The team received 5 general comments not requiring
action or a response.
B. Annual Reporting Burden
This report will be used by Federal agencies to collect information
related to real property when required by a Federal financial
assistance award. Since this report will be used primarily for
reporting related to Federal financial assistance awards, we are
providing a burden estimate for one respondent.
Respondents: Assistance recipients.
Estimated Total Annual Burden Hours: 4 (per submission).
Estimated Cost: There is no expected cost to the respondents or to
OMB.
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Number of Average burden
Instrument Number of responses per hours per Total burden
respondents respondent response hours
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Real Property Status Report SF-XXXX..... 1 1 0.25 0.25
SF-XXXX--Real Property Status Report 1 1 1.50 1.50
[Attachment A].........................
SF-XXXX--Real Property Status Report 1 1 1.0 1.0
[Attachment B].........................
SF-XXXX--Real Property Status Report 1 1 1.25 1.25
[Attachment C].........................
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Total............................... ................ ................ ................ 4.0
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Obtaining Copies of Proposals: Requesters may obtain a copy of the
information collection documents from the General Services
Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room
4041, Washington, DC 20405, telephone (202) 501-4755, or by faxing your
request to (202) 501-4067. Please cite the title, OMB Control No. 3090-
XXXX, Real Property Status Report, in all correspondence.
Dated: October 17, 2008.
Casey Coleman,
Chief Information Officer.
[FR Doc. E8-26996 Filed 11-12-08; 8:45 am]
BILLING CODE 6820-RH-P