[Federal Register Volume 75, Number 179 (Thursday, September 16, 2010)]
[Notices]
[Pages 56540-56545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23032]
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GENERAL SERVICES ADMINISTRATION
[OMB Control No. 3090-00XX; Docket 2010-0002; Sequence 21]
Office of Governmentwide Policy: Submission for OMB Review;
Information Collection, Real Property Status Report, Standard Form (SF-
XXXX)
AGENCY: Office of Governmentwide Policy, General Services
Administration (GSA).
ACTION: Submission for OMB Review; Comment Request and Final Notice of
the Real Property Status Report (RPSR) form.
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SUMMARY: Effective with publication of this notice in the Federal
Register, agencies will be able to utilize a new standard form to
collect information on the status of real property under financial
assistance awards. Under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. Chapter 35), the GSA Office of Governmentwide Policy
is submitting 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). Two notices were published in the
Federal Register at 72 FR 64646, November 16, 2007 and 73 FR 67177,
November 13, 2008.
This notice is being issued to address comments received as a
result of the notice published in the Federal Register at 73 FR 67177,
November 13, 2008 and to present changes made to the report as a result
of those comments. We anticipate this being the final notice before the
form and instructions are finalized. The general public and Federal
agencies, however, are invited to comment on the proposed final format
during the 30 day public comment period.
To view the report and the 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 link ``Management,'' then the link ``Grants
Management,'' then the link ``Forms,'' then the link ``Proposed
Government-Wide Standard Grants Reporting Forms.''
DATES: Comment Due Date: October 18, 2010.
ADDRESSES: Submit comments identified by Information Collection 3090-
00XX, Real Property Status
[[Page 56541]]
Report, Standard Form (SF-XXXX), by any of the following methods:
Regulations.gov: http://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``Information Collection 3090-00XX; Real Property Status Report,
Standard Form (SF-XXXX)'' under the heading ``Enter Keyword or ID'' and
selecting ``Search.'' Select the link ``Submit a Comment'' that
corresponds with ``Information Collection 3090-00XX; Real Property
Status Report, Standard Form (SF-XXXX).'' Follow the instructions
provided at the ``Submit a Comment'' screen. Please include your name,
company name (if any), and ``Information Collection 3090-00XX; Real
Property Status Report, Standard Form (SF-XXXX)'' on your attached
document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), 1800 F Street, NW., Room 4041, Washington, DC
20405. ATTN: Hada Flowers/IC 3090-00XX.
Instructions: Please submit comments only and cite Information
Collection 3090-00XX; Real Property Status Report, Standard Form (SF-
XXXX), in all correspondence related to this collection. All comments
received will be posted without change to http://www.regulations.gov,
including any personal and/or business confidential information
provided.
FOR FURTHER INFORMATION CONTACT: Michael Nelson, Chair, Post-Award
Workgroup; telephone (301)443-6808; fax (301)443-6686; e-mail
[email protected]; mailing address, 5600 Fishers Lane, Room 11-03,
Rockville, MD 20857.
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,'' Attachment C,
``Disposition Request,'' and instructions. 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. This rule also establishes 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.
In those instances where recipients have real property with Federal
interest attached for a period of 15 years or more, Federal agencies,
at their option, may require their recipients to report on various
multi-year frequencies (e.g. every two years or every three years, not
to exceed a five-year reporting period; or an agency may require annual
reporting for the first three years of an award and thereafter require
reporting every five years.)
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 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 Public Law 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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A recipient must . .
For . . . . When . . .
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Government Furnished Submit an inventory Annually, with
Property. listing. (Use: information
Cover Page and accurate as of
Attachment A). September 30,
unless the award
specifies a
different date.
Report the property The property is no
to the Federal longer needed. Upon
awarding agency and completion of the
request disposition award or at the
instructions. (Use: point Federal
Cover Page and interest in the
Attachments A and property ceases.
C).
Notify the Federal Immediately upon
awarding agency finding property
(Use: Cover Page damaged,
and Attachment A). significantly
altered, or when
there is an
anticipated change
expected during the
next reporting
period.
[[Page 56542]]
Request authority to The recipient is
furnish real authorized, via the
property. (Use: assistance award,
Cover Page and to request to
Attachment B). furnish real
property for the
purposes of the
project or program.
Report the final After the recipient
disposition of the has completed the
property. (Use: final disposition
Cover Page and of the property in
Attachment A). accordance with
agency
instructions.
Real property improved, Request authority to The recipient is
donated or acquired in acquire or improve authorized, via the
whole or in part under an real property. assistance award,
assistance award.. (Use: Cover Page to request
and Attachment B). authorization 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
instructions. (Use: longer needs the
Cover Page and property for any
Attachment C). purpose.
Report that the The recipient is
property has been directed to sell
sold and reimburse the property under
the Federal guidelines provided
awarding agency for by the Federal
the Federal share. awarding agency.
(Use: Cover Page
and Attachment A).
Report the Transfer The recipient is
of title to the directed to
property to the transfer title by
Federal Government the Federal
or to an eligible awarding agency or
third party. its successor; or,
Compensate the The recipient wants
original Federal to retain title
awarding agency or without further
its successor. obligation to the
(Use: Cover Page Federal Government.
and Attachment A).
Obtain the approval Before making
of the Federal capital
awarding agency. expenditures for
(Use: Cover Page improvements to
and Attachment B). property that
materially increase
its value or useful
life.
Obtain the approval The recipient wants
of the Federal to use the real
awarding agency. property in other
(Use: Cover Page Federally-sponsored
and Attachment B). 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.
Report the final After the recipient
disposition of the has completed the
property. (Use: final disposition
Cover Page and of the property in
Attachment A). accordance with
agency
instructions.
Request release from The Federal interest
the obligation to in the property
report on real expires, or the
property. (Use: real property has
Cover Page and been disposed of in
Attachment C). accordance with
agency
instructions.
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Discussion of Comments
Twenty-seven (27) comments were received in response to the
November 13, 2008, Federal Register notice (73 FR 67177) regarding the
Real Property Status Report (RPSR). All the comments came from two
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 1 comment that indicated some of the
data in the RPSR are currently being reported in electronic form to the
Federal Real Property Council (FRPC) and suggested that we coordinate
the reporting requirements with the FRPC to eliminate duplication of
effort and reporting systems.
Response: The commenter is referring to Federal property owned by
the Government, not real property held by a grant/cooperative agreement
recipient in which the Government maintains an interest. In those cases
the RPSR would not be used. It would only be used by recipients of
grants and cooperative agreements, not by a Federal agency reporting on
real property.
Comment 2: The team received 4 comments expressing concern about
the lack of current requirements 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), that address the specific reporting
requirements being implemented by the RPSR.
Response: The Grants Policy Committee (GPC) of the Chief Financial
Officers Council is in the process of developing the related policy
requirements for the implementation of the RPSR. As a result, OMB has
decided to release the report as final at this time. However, agencies
are not required to implement the use of the report until the final
release of the related real property reporting requirements in the
proposed 2 CFR Part 45. Agencies that wish to implement the RPSR
requirements prior to the finalization of the related requirements in 2
CFR Part 45 may do so provided they issue related agency or program
specific requirements. Such agency or program specific requirements
would have to be amended once the RPSR policy requirements are
finalized in 2 CFR Part 45.
Comment 3: The team received 1 comment stating that agencies should
be provided the option to apply this reporting requirement
retroactively to grantees with existing Federal interest in their
facilities without having to seek a waiver from OMB.
Response: Agencies have the option to impose the requirement
retroactively if they choose to do so via their individual agency
implementation of the requirement. However, the reason the requirement
is not required to be imposed retroactively is to reduce the impact of
the requirement on the recipient community.
Comment 4: The team received 1 comment that recommended the
instructions and forms should be clarified to reflect that the RPSR
applies to new construction. They indicated that the term
``acquisition'' could be interpreted as being applicable to purchases
only versus constructing a new facility.
Response: In response to the comment the general report
instructions have been revised to include an example of the definition
of acquisition as follows: ``* * * acquired (i.e., purchased or
constructed) in whole or in part under a Federal financial assistance
award.
Comment 5: The team received 1 comment that suggested that the
section of the Federal Register notice (73 FR
[[Page 56543]]
67177, November 13, 2008) which provides a chart listing when a
recipient is to use the report, should where possible, reference the
appropriate report attachment to use for reporting/requesting related
information. They also suggested an additional line be added stating,
``The recipient must report to the agency when it has completed
disposition of the property.''
Response: In response to the comment the chart has been revised as
requested.
Comment 6: The team received 1 question asking if an agency already
has the authority to request information, such as a detailed floor
plan, why would it need to request additional OMB approval?
Response: Once the RPSR is issued as final it may not be modified
to meet program specific requirements without first obtaining OMB
approval.
Comment 7: The team received 1 comment/question that indicated it
is unclear if under the situation where an agency already collects real
property related information through other means, such as an electronic
system(s), or as part of another OMB approved form(s), whether the RPSR
report or format would still be required, or whether the other existing
collection methods satisfy the RPSR information collection requirement.
Response: Agencies may use electronic systems or formats to collect
the information required by the RPSR as long as they are consistent
with the data elements contained in the RPSR. However, other real
property forms/reports will be discontinued once the related real
property reporting requirements are implemented as final under the
proposed 2 CFR, Part 45.
Comment 8: The team received 1 question regarding Attachment A,
``General Reporting,'' block 14e, ``Real Property Ownership Types.''
The commenter asked if the selection option of, ``A. Owned'' is defined
as ``grantee'' owned or ``Federally'' owned. They also asked if more
than one option can be checked (such as ``Owned'' and ``Fee Simple'').
Response: The Attachment A, block 14e, selection option ``A.
Owned'' is defined as grantee ownership. Also, the report and
instructions have been revised to include ``Government Furnished
Property (GFP)'' as an ownership type to cover Federal ownership. If
multiple ownership types apply then each applicable type may be
checked. This change is also reflected on Attachment B, block 14b,
``Proposed Real Property Ownership Type.''
Comment 9: The team received 1 question concerning Attachment A,
block 14f, ``Beginning date of Federal Interest.'' The commenter asked
if it is necessary for grantees to report this information twice since
the same information appears to be given in block 13, ``Period of
Federal Interest.''
Response: In response to the comment, block 14f has been eliminated
and the options to which the Federal interest is tied (e.g.,
Acquisition, Renovation, etc.) have been moved to block 13. The
numbering of the report and instructions has been revised accordingly.
Comment 10: The team received 1 question regarding Attachment A,
original block 14h, ``Has a deed, lien, covenant, or other related
documentation been recorded to establish Federal interest in this real
property?'' The commenter asked, since this is a report to be used
throughout the period of Federal interest, shouldn't the grantee have
already provided this information before the project is completed and/
or before closeout? Therefore, doesn't it seem burdensome to ask for
this information for each reporting period?
Response: In response to the question we have revised what is now
block 14g as follows: ``* * * If yes (unless previously reported),
describe the * * *''
Comment 11: The team received 1 question/comment regarding the
instructions related to Attachment A, block 14h, which, as noted above,
is now 14g. The commenter asked if it would be burdensome to request
this information during each reporting period. The commenter stated
that some of their operating divisions require this information 10 days
after the Notice is filed. Therefore, the commenter suggested adding
``unless previously reported'' at the end of the ``Yes'' selection
option.
Response: In response to the comment we have revised the
instructions for what is now 14g as follows: ``* * * If yes (unless
previously reported), describe the * * *''
Comment 12: The team received 3 questions/comments concerning
Attachment A, block 14j, ``Are there any Uniform Relocation Act (URA)
requirements applicable to this real property?''; block 14k, ``Are
there any environmental compliance requirements related to the real
property?''; and block 14l, ``In accordance with the National Historic
Preservation Act (NHPA), does the property possess historic
significance, and/or is listed or eligible for listing in the National
Register of Historic Places?'' The commenter stated that the questions
in these blocks are being asked in the present tense when it would only
be applicable to some projects at the pre-award stage. Therefore, how
would the grantee answer the questions if they were applicable at the
pre-award stage but not during the post-award stage? The commenter
further asked if we should consider adding ``N/A'' if these questions
need to be addressed during the post-award stage.
Response: The RPSR is a post-award report that only applies during
the post-award stage. The sections of the report mentioned in this
comment are used to document whether the URA, environmental compliance
requirements, or NHPA apply to the real property during the post-award
stage. The URA, environmental compliance requirements, or NHPA could
potentially change during the award period or during the period under
which Federal interest is maintained. Therefore, we did not revise the
report in response to the questions raised. Note that blocks 14j, 14k,
and 14l have been renumbered as 14i, 14j, and 14k, respectively.
Comment 13: The team received 1 comment regarding the instructions
related to Attachment A, blocks 14j, 14k, and 14l, which, as noted
above, are now 14i, 14j, and 14k, respectively. The commenter stated
that the requirements are more applicable during the pre-award stage as
opposed to the post-award stage. Therefore, it is not clear why they
are being addressed on the RPSR.
Response: As previously mentioned in the response to comment 12,
the sections of the report mentioned in this comment are used to
document whether the URA, environmental compliance requirements, or
NHPA apply to the real property which could potentially change during
the award period or during the period under which Federal interest is
maintained. Therefore, we did not revise the report in response to the
comment.
Comment 14: The team received 1 comment concerning Attachment A,
block 15, suggesting that it be edited to read as follows: ``Has a
significant change occurred with the use of real property, or is there
an anticipated change expected during the next reporting period?'' The
commenter suggested that the use of the phrase ``* * * that is not
otherwise captured above * * *'' is unnecessary.
Response: In response to the comment both this block of the report
and the related instructions have been revised as follows: ``Has a
significant change occurred with the real property, or is there an
anticipated change expected during the next reporting period?''
[[Page 56544]]
Comment 15: The team received 1 question concerning Attachment A,
block 16, ``Real Property Disposition Status.'' The commenter asked why
a question regarding ``disposition of property'' is being asked on this
report. How would the grantee address the question if disposition is
not applicable during the prescribed reporting period? The commenter
stated that if the question is not omitted, ``N/A'' should be added as
an option.
Response: In response to the comment, both block 16 of the report
and the related instructions have been revised to add the option ``N/
A.''
Comment 16: The team received 1 comment regarding a specific agency
requirement related to Attachment A, block 16, ``Real Property
Disposition Status.'' The commenter indicated that their program
regulation allows an institution to transfer the usage obligation to
another facility, not another ``award'' during the required usage
period. The commenter stated that if option ``B. Transfer to different
award'' applies to this described situation, it does not appear to be
applicable to the ``disposition status'' and therefore, should be
removed.
Response: Block 16.B. is intended to cover those instances where
the Federal interest in real property is transferred to a different
award in accordance with 2 CFR Part 215.32(b).
Comment 17: The team received 1 comment suggesting that language
should be added to Attachment B, ``Request to Acquire, Improve or
Furnish,'' that ensures grantees will not fill out the Attachment
unless they have received specific instructions by the awarding agency.
The commenter suggests that this language will help avoid confusion on
the part of grantees who may view Attachment B as a way to request new
award funding. The commenter also suggested that the term ``furnish''
should be defined, as it could imply equipment which may or may not be
permanently affixed to real property.
Response: In response to the comments the report instructions have
been revised to clarify that Attachment B should only be used if the
applicable program authority or budget allows recipients to acquire,
improve or furnish real property. The term ``furnish'' has been
replaced with the term Government Furnished Property.
Comment 18: The team received 1 comment regarding Attachment C,
``Disposition Request,'' blocks 14f, ``Are there any Uniform Relocation
Act (URA) requirements applicable to this real property?''; 14g, ``Are
there any environmental compliance requirements related to the real
property?''; and 14h, ``In accordance with the National Historic
Preservation Act (NHPA), does the property possess historic
significance, and/or is listed or eligible for listing in the National
Register of Historic Places?'' The commenter recommended deleting these
question blocks since they felt the questions do not appear applicable
to the ``Disposition Request'' attachment.
Response: We did not delete those blocks because they are intended
to provide information regarding real property for which either a
request for disposition instructions or a request for a release from
the obligation to report would be submitted.
Comment 19: The team received 1 comment regarding the instructions
related to Attachment C, in the section titled, ``Real Property
Details.'' The commenter suggested that perhaps ``N/A'' should be added
as an option on the report. The commenter pointed out that question
blocks 14f, 14g, and 14h have only ``Yes'' and ``No'' options. The
commenter suggested these questions should be deleted due to the nature
of the report. The commenter also suggested that in block 13b,
``Address of Real Property,'' the part that says, ``Also, indicate
zoning information related to the real property (i.e., mixed use,
residential, commercial, etc.)'' should be deleted.
Response: Attachment C has been revised to say: ``If a section does
not apply, enter `N/A'.'' Attachment C, blocks 14f, 14g and 14h have
been retained because they are intended to provide relevant information
regarding the URA, environmental, and NHPA requirements related to any
property that a recipient would be requesting disposition instructions
or requesting a release from the obligation to report. The reference to
zoning information in block 13b has also been retained because it
requests information that is relevant to the zoning status of property
for which a disposition request or a request for a release from the
obligation to report would be made.
Comment 20: The team received 1 question and comment regarding
Attachment C, block 15, ``If this is a request for a release from the
obligation to report on the real property, describe the reasons for the
request.'' The commenter asked why it would be necessary for a grantee
to ``request the release from the obligation to report'' when a Federal
agency's authorizing or appropriation language does not require
disposition beyond a prescribed usage period, and suggested revising
the report to accommodate this situation.
Response: Block 15 is provided to document any event that would
allow the recipient to request to be released from the obligation to
report. In the examples provided in the instructions we believe that
the agency and the recipient would benefit from the documentation of
the release from the obligation to report, which is accommodated by
block 15 of Attachment C. Therefore, block 15 has been retained.
B. Annual Reporting Burden
The burden estimates below are for the following agencies: NEH,
HUD, DOE, VA, IMLS, ED, HHS, and DOT.
Estimated Total Annual Burden Hours: 3,543,685.45.
Estimated Cost: There is no expected cost to the respondents or to
OMB.
Annual Burden Estimates
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Number of Average burden
Instrument Agency Number of responses per hours per Total burden
respondents respondent response hours
----------------------------------------------------------------------------------------------------------------
Real Property Status Report NEH 10 1 4 40
(RPSR) and Attachments.........
Real Property Status Report HUD 748 1.3 3.66 3,559
(RPSR) and Attachments.........
Real Property Status Report DOE 500 1 2 1,000
(RPSR) and Attachments.........
Real Property Status Report VA 200 1 2 400
(RPSR) and Attachments.........
Real Property Status Report IMLS 10 1 4 40
(RPSR) and Attachments.........
Real Property Status Report ED 1,694 1 8.3 14,060.2
(RPSR) and Attachments.........
Real Property Status Report DOT 1,100 800 4 3,520,000
(RPSR) and Attachments.........
Real Property Status Report HHS 1,223 1.5 2.5 4,586.25
(RPSR) and Attachments.........
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[[Page 56545]]
Obtaining Copies of Proposals: Requesters may obtain a copy of the
information collection documents from the General Services
Administration, Regulatory Secretariat (MVCB), 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-
00XX, Real Property Status Report (SF-XXXX), in all correspondence.
Dated: August 27, 2010.
Casey Coleman,
Chief Information Officer.
[FR Doc. 2010-23032 Filed 9-15-10; 8:45 am]
BILLING CODE 6820-RH-P