[Code of Federal Regulations]
[Title 41, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR101-19.100]

[Page 94-96]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS
 
PART 101-19--CONSTRUCTION AND ALTERATION OF PUBLIC BUILDINGS--Table of Contents
 
                        Subpart 101-19.1--General
 
Sec. 101-19.100  Intergovernmental consultation on Federal projects.


    (a) As used in this section, the following terms will have the 
meanings defined herein:
    (1) Planning agencies. Planning agencies are defined as the Governor 
of a State or, if there is one, the appropriate A-95 clearinghouse of 
the State, region, or metropolitan area, and the appropriate local, 
county, metropolitan, regional, and State planning and environmental 
authorities.
    (2) Federal projects. Federal projects are defined as public 
buildings construction projects and lease construction projects required 
to be authorized in accordance with, or in the manner provided by, the 
provisions of the Public Buildings Act of 1959, as amended; and projects 
involving a significant change in the use of federally owned property or 
property to be acquired by exchange in connection with a public 
buildings project authorized under the provisions of the Public 
Buildings Act of 1959, as amended, or the Federal Property and 
Administrative Services Act of 1949, as amended.
    (b) GSA will consult with planning agencies, local elected 
officials, and appropriate Federal agencies to coordinate Federal 
projects with development plans and programs of the State, region, and 
locality in which the project is to be located to ensure that all 
national, regional, State, and local viewpoints are fully considered and 
taken into account to the extent possible in planning Federal projects. 
A written statement containing a clear justification for Federal actions 
that are inconsistent with local plans will be provided the appropriate 
planning agencies.
    (c) The consultation and coordination pursuant to paragraph (b) of 
this section will be initiated by the GSA Regional Administrator of the 
region

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in which the Federal project is located, and the manner in which the 
consultation and coordination will be effected is set forth below:
    (1) The GSA Regional Administrator will notify the planning agencies 
at least 30 calendar days before the initiation of any survey conducted 
for the purpose of preparing a prospectus or Report of Building Project 
Survey for submittal to the Congress. Notifications of less than 30 
calendar days are authorized only in emergency situations. The 
notification will specify the approximate date(s) on which the survey 
will be conducted and will request that the GSA Regional Administrator 
be provided as soon as practicable all pertinent planning and 
development information that will be considered in connection with the 
space plan for the community. This information will include city, 
county, State, and regional plans for land use and development; use of 
community development funds; neighborhood revitalization; mass transit; 
highways; flood control; and air, water, solid waste, and other relevant 
environmental data.
    (2) Within 30 calendar days following the approval of a proposed 
action by the Congress, the GSA Regional Administrator will inform the 
previously notified planning agencies of the results of the survey. 
Particular reference will be made to the need, if any, for a new Federal 
building within a 10-year period or a major lease consolidation which 
could result in new commercial construction in the community. The letter 
will request that the GSA Regional Administrator be informed of all 
changes or refinements in the planning information initially provided, 
and set forth the following minimum data relative to the proposed 
Federal project:
    (i) Area or city in which the project will be located;
    (ii) Type of building (office building, post office, courthouse, 
etc.);
    (iii) Approximate size of building;
    (iv) Specific site location requirements;
    (v) Estimated building population; and
    (vi) Estimated total project cost.
    (3) In addition to paragraph (c)(2) of this section, major project 
designs should be made available to planning agencies at the conceptual 
design stage, and information received by GSA 2 or more years prior to 
commencement of action on a project shall be verified.
    (4) When GSA is to conduct a site investigation, propose a 
significant change in the use of federally owned or leased property that 
may require a complete environmental assessment resulting in a negative 
declaration or an environmental impact statement, propose the renovation 
or extension of an existing federally owned building required to be 
authorized in accordance with the provisions of the Public Buildings Act 
of 1959, as amended, acquire property by exchange in connection with the 
construction of a public building, or issue a Solicitation for Offers in 
connection with a lease construction project as described in paragraph 
(a)(2) of this section, the GSA Regional Administrator will notify the 
planning agencies and the principal elected official(s) of the community 
where the proposed action will take place not less than 30 calendar days 
in advance of the initiation of such action. Only verbal notification of 
planning agencies is required if the site investigation is conducted 
within 1 year of an announcement under paragraph (c)(1) of this section. 
The organizations and officials so notified will have the 30-day notice 
period in which to consult with the GSA Regional Administrator and 
provide him with data and comments pertinent to the proposed action. 
Notifications of less than 30 calendar days are authorized only in 
emergency situations.
    (5) When GSA takes action pursuant to Sec. 101-47.203-7 of this 
chapter for the transfer of federally owned real property for a direct 
project requirement which involves a substantial change in the character 
of its use, the views of the planning agencies and the principal elected 
official(s) will be obtained and considered by the GSA Regional 
Administrator, and these views will be included on GSA Form 1334, 
Request for Transfer of Excess Real Property and Related Personal 
Property.
    (6) When property is transferred for exchange purposes, the views of 
the planning agencies and the principal elected official(s) will be 
considered

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prior to consummation of the exchange.
    (d) The provisions of paragraph (c) of this section shall not be 
applied when the Administrator of General Services deems that the 
application thereof would adversely affect the best interest of the 
Government.
    (e) If GSA has determined that any Federal project under its 
jurisdiction may significantly affect the quality of the human 
environment, prior to a final decision concerning that project GSA will 
provide Federal agencies having jurisdiction by law or special expertise 
with respect to any environmental impact involved, planning agencies 
which are authorized to develop and enforce environmental standards, and 
others as appropriate with an adequate opportunity to review such 
projects pursuant to section 102(2)(C) of the National Environmental 
Policy Act of 1969 and the regulations of the Council on Environmental 
Quality (CEQ).
    (f) The Federal agencies, planning agencies, and others referred to 
in paragraph (e) of this Sec. 101-19.100 will be notified as follows 
concerning Federal projects under GSA jurisdiction that are determined 
to have a significant effect on the human environment:
    (1) GSA will transmit copies of the draft environmental statement, 
prepared in accordance with the provisions of National Environmental 
Policy Act of 1969, as amended, and the regulations of the Council on 
Environmental Quality to the Environmental Protection Agency, and to the 
Governor of the State, the U.S. Senators of the State, and the U.S. 
Representative from the congressional district of the State where the 
project will be located.
    (2) Thereafter, GSA will submit copies of the draft environmental 
statement to the appropriate city mayor and to the Federal, State, and 
local planning agencies for comment. The allowable period for comment 
shall be 45 calendar days. If requests for extension are made a maximum 
period of 15 calendar days may be granted.
    (3) Comments received from the Federal agencies, planning agencies, 
and others will be reconciled through coordination with the Federal and 
State agencies concerned. The environmental statement may be revised to 
reflect the additional data and comments obtained. A discussion of 
problems and objections by Federal agencies and State and local entities 
in the review process and the recommended disposition of the issues 
involved will be included in the final text of the environmental 
statement.
    (4) Copies of the final environmental statement will be transmitted 
to the Environmental Protection Agency and to those persons who 
submitted substantive comments on the draft statement or requested 
copies of the final statement. Unless waived by EPA, no irreversible or 
irretrievable action shall be taken on a project until 30 calendar days 
after submission of the final statement to EPA.
    (g) Through the appropriate planning agencies, Health System 
Agencies and State Health Planning and Development Agencies authorized 
to perform comprehensive health planning, pursuant to the National 
Health Planning and Resources Development Act of 1974, shall be provided 
adequate opportunity to review Federal projects for construction and/or 
equipment involving capital expenditures exceeding $200,000 for 
modernization, conversion, and expansion of Federal inpatient care 
facilities that alter the bed capacity or modify the primary function of 
the facility, as well as plans for provision of major new medical 
services. Projects to renovate or install mechanical systems, air-
conditioning systems, or other similar internal system modifications are 
excluded. The comments of such agencies or a certification that the 
agencies were provided a reasonable time to comment and failed to do so 
shall accompany the plan and budget requests submitted by the Federal 
agency to the Office of Management and Budget.
    (h) Planning agencies should advise GSA of projects which may 
present potential areas of joint cooperation by contacting the PBS 
Regional Commissioner for the region in which the project is located.

(Sec. 205(c), 63 Stat. 390; (40 U.S.C. 486(c)))

[39 FR 23214, June 27, 1974, as amended at 42 FR 16779, Mar. 30, 1977; 
45 FR 37206, June 2, 1980]

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