Rule: Federal Management Regulation: Real Property Policies Update

Tuesday,
November 8, 2005
Part II
General Services
Administration
41 CFR Parts 102–71, 102–72, et al;
Federal Management Regulation; Real
Property Policies Update; Final Rule
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67786 Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Rules and Regulations
GENERAL SERVICES A. Background Dated: August 24, 2005.

ADMINISTRATION Stephen A. Perry,
As part of GSA’s regulatory
Administrator of General Services.
41 CFR Parts 102–71, 102–72, 102–73, improvement initiative, GSA published
a final rule that created FMR parts 102– ■ For the reasons set forth in the
102–74, 102–75, 102–76, 102–77, 102–
71 through 102–82 (41 CFR parts 102– preamble, GSA amends 41 CFR chapter
78, 102–79, 102–80, 102–81, 102–82,
71 through 102–82), entitled ‘‘Real 102 as set forth below:
and 102–83
Property Policies,’’ in the Federal ■ 1. Revise part 102–71 to read as
Register on January 18, 2001 (66 FR follows:
[FMR Amendment 2005–03; FMR Case
2005–102–8]
5358). On December 13, 2002, GSA CHAPTER 102—FEDERAL MANAGEMENT
published FMR Amendment C–1 as a REGULATION
final rule in the Federal Register (67 FR
RIN 3090–AI17 76820), which completed the transfer of SUBCHAPTER C—REAL PROPERTY
coverage on real property policies from PART 102–71—GENERAL
Federal Management Regulation; Real
the Federal Property Management
Property Policies Update
Regulation (FPMR) to the FMR and
AGENCY: Office of Governmentwide created a separate part, FMR Part 102– Sec.
83, to deal specifically with updated 102–71.5 What is the scope and philosophy
Policy, General Services Administration
policy concerning the location of space. of the General Services Administration’s
(GSA). (GSA) real property policies?
Also, on December 13, 2002, GSA
ACTION: Final rule. 102–71.10 How are these policies
published FPMR Amendment D–99 as a organized?
SUMMARY: The General Services
final rule in the Federal Register (67 FR 102–71.15 [Reserved]
Administration is amending the Federal 76882), which removed all real property 102–71.20 What definitions apply to GSA’s
Management Regulation (FMR) to policy coverage from the FPMR and real property policies?
update the legal citations to conform to provided cross-references that directs 102–71.25 Who must comply with GSA’s
readers to the coverage in the FMR. real property policies?
Public Law 107–217 and to incorporate 102–71.30 How must these real property
additional policy guidance. Public Law B. Executive Order 12866 policies be implemented?
107–217, which was enacted on August 102–71.35 Are agencies allowed to deviate
21, 2002, revised, restated, and The General Services Administration from GSA’s real property policies?
recodified, without substantive change, (GSA) has determined that this final
rule is not a significant regulatory action Authority: 40 U.S.C. 121(c).
certain laws related to public buildings,
property, and works in Title 40 of the for the purposes of Executive Order § 102–71.5 What is the scope and
United States Code. Accordingly, this 12866. philosophy of the General Services
final rule cancels and replaces in its Administration’s (GSA) real property
C. Regulatory Flexibility Act policies?
entirety FMR Amendment C–1 issued
December 13, 2002. In addition to This final rule is not required to be GSA’s real property policies
updating the legal citations, this final published in the Federal Register for contained in this part and parts 102–72
rule implements new accessibility comment. Therefore, the Regulatory through 102–82 of this chapter apply to
standards for Federal facilities and Flexibility Act does not apply. Federal agencies, including GSA’s
provides additional real property policy Public Buildings Service (PBS),
D. Paperwork Reduction Act
coverage on the integrated workplace, operating under, or subject to, the
sustainable development, outleasing, The Paperwork Reduction Act does authorities of the Administrator of
telework, siting antennas on Federal not apply because the changes to the General Services. These policies cover
property, seismic safety, screening of FMR do not impose information the acquisition, management,
excess real property, and the National collection requirements that require the utilization, and disposal of real property
Environmental Policy Act of 1969 approval of the Office of Management by Federal agencies that initiate and
(NEPA), as amended. The FMR and any and Budget under 44 U.S.C. 3501 et seq. have decision-making authority over
corresponding documents may be actions for real property services. The
E. Small Business Regulatory detailed guidance implementing these
accessed at GSA’s Web site at http://
Enforcement Fairness Act policies is contained in separate
www.gsa.gov/fmr.
This final rule is exempt from customer service guides.
DATES: Effective Date: November 8,
2005. Congressional review under 5 U.S.C. § 102–71.10 How are these policies
801 since it relates solely to agency organized?
FOR FURTHER INFORMATION CONTACT: The management and personnel.
Regulatory Secretariat, Room 4035, GS GSA has divided its real property
Building, Washington, DC, 20405, (202) List of Subjects in 41 CFR Parts 102–71, policies into the following functional
208–7312, for information pertaining to 102–72, 102–73, 102–74, 102–75, 102– areas:
status or publication schedules. For 76, 102–77, 102–78, 102–79, 102–80, (a) Delegation of authority.
clarification of content, contact Mr. 102–81, 102–82, and 102–83 (b) Real estate acquisition.
(c) Facility management.
Stanley C. Langfeld, Director, Administrative practice and (d) Real property disposal.
Regulations Management Division, procedure, Blind, Concessions, Federal (e) Design and construction.
Office of Governmentwide Policy, buildings and facilities, Fire prevention, (f) Art-in-architecture.
General Services Administration, at Government property management, (g) Historic preservation.
(202) 501–1737, or by e-mail at Homeless, Individuals with disabilities, (h) Assignment and utilization of
Stanley.langfeld@gsa.gov. Please cite Location of space, Occupational safety space.
FMR case 2005–102–8, Amendment and health, Parking, Real property (i) Safety and environmental
2005–03. acquisition, Security measures, Surplus management.
SUPPLEMENTARY INFORMATION: Government property, Utilities. (j) Security.
Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / Rules and Regulations 67787
(k) Utility services. including the Department of Veterans for flammability are deemed to be flame
(l) Location of space. Affairs or the Public Health Service. resistant for purposes of this part.
Disposal agency means the Executive Foot-candle is the illumination on a
§ 102–71.15 [Reserved] agency designated by the Administrator surface one square foot in area on which
§ 102–71.20 What definitions apply to of General Services to dispose of surplus there is a uniformly distributed flux of
GSA’s real property policies? real or personal property. one lumen, or the illuminance produced
Educational activities mean activities on a surface all points of which are at
The following definitions apply to
such as (but not limited to) the a distance of one foot from a
GSA’s real property policies:
operation of schools, libraries, day care directionally uniform point source of
Airport means any area of land or
centers, laboratories, and lecture or one candela.
water that is used, or intended for use,
demonstration facilities. GSA means the U.S. General Services
for the landing and takeoff of aircraft, Emergency includes bombings and Administration, acting by or through the
and any appurtenant areas that are used, bomb threats, civil disturbances, fires, Administrator of General Services, or a
or intended for use, for airport buildings explosions, electrical failures, loss of designated official to whom functions
or other airport facilities or rights-of- water pressure, chemical and gas leaks, under this part have been delegated by
way, together with all airport buildings medical emergencies, hurricanes, the Administrator of General Services.
and facilities located thereon. tornadoes, floods, and earthquakes. The Highest and best use means the most
Alteration means remodeling, term does not apply to civil defense likely use to which a property can be
improving, extending, or making other matters such as potential or actual put, which will produce the highest
changes to a facility, exclusive of enemy attacks that are addressed by the monetary return from the property,
maintenance repairs that are preventive U.S. Department of Homeland Security. promote its maximum value, or serve a
in nature. The term includes planning, Executive means a Government public or institutional purpose. The
engineering, architectural work, and employee with management highest and best use determination must
other similar actions. responsibilities who, in the judgment of be based on the property’s economic
Carpool means a group of two or more the employing agency head or his/her potential, qualitative values (social and
people regularly using a motor vehicle designee, requires preferential environmental) inherent in the property
for transportation to and from work on assignment of parking privileges. itself, and other utilization factors
a continuing basis. Executive agency means an Executive controlling or directly affecting land use
Commercial activities, within the department specified in section 101 of (e.g., zoning, physical characteristics,
meaning of subpart D, part 102–74 of title 5; a military department specified private and public uses in the vicinity,
this chapter, are activities undertaken in section 102 of such title; an neighboring improvements, utility
for the primary purpose of producing a independent establishment as defined services, access, roads, location, and
profit for the benefit of an individual or in section 104(1) of such title; and a environmental and historical
organization organized for profit. wholly owned Government corporation considerations). Projected highest and
(Activities where commercial aspects fully subject to the provisions of chapter best use should not be remote,
are incidental to the primary purpose of 91 of title 31. speculative, or conjectural.
expression of ideas or advocacy of Federal agency means any Executive Indefinite quantity contract
causes are not commercial activities for agency or any establishment in the (commonly referred to as term contract)
purposes of this part.) legislative or judicial branch of the provides for the furnishing of an
Cultural activities include, but are not Government (except the Senate, the indefinite quantity, within stated limits,
limited to, films, dramatics, dances, House of Representatives, and the of specific property or services during a
musical presentations, and fine art Architect of the Capitol and any specified contract period, with
exhibits, whether or not these activities activities under his or her direction). deliveries to be scheduled by the timely
are intended to make a profit. Federal agency buildings manager placement of orders with the contractor
Decontamination means the complete means the buildings manager employed by activities designated either
removal or destruction by flashing of by GSA or a Federal agency that has specifically or by class.
explosive powders; the neutralizing and been delegated real property Industrial property means any real
cleaning-out of acid and corrosive management and operation authority property and related personal property
materials; the removal, destruction, or from GSA. that has been used or that is suitable to
neutralizing of toxic, hazardous or Federal Government real property be used for manufacturing, fabricating,
infectious substances; and the complete services provider means any Federal or processing of products; mining
removal and destruction by burning or Government entity operating under, or operations; construction or repair of
detonation of live ammunition from subject to, the authorities of the ships and other waterborne carriers;
contaminated areas and buildings. Administrator of General Services that power transmission facilities; railroad
Designated Official is the highest provides real property services to facilities; and pipeline facilities for
ranking official of the primary occupant Federal agencies. This definition also transporting petroleum or gas.
agency of a Federal facility, or, includes private sector firms under Landholding agency means the
alternatively, a designee selected by contract with Federal agencies that Federal agency that has accountability
mutual agreement of occupant agency deliver real property services to Federal for the property involved. For the
officials. agencies. This definition excludes any purposes of this definition,
Disabled employee means an entity operating under, or subject to, accountability means that the Federal
employee who has a severe, permanent authorities other than those of the agency reports the real property on its
impairment that for all practical Administrator of General Services. financial statements and inventory
purposes precludes the use of public Flame-resistant means meeting records.
transportation, or an employee who is performance standards as described by Landing area means any land or
unable to operate a car as a result of the National Fire Protection Association combination of water and land, together
permanent impairment who is driven to (NFPA Standard No. 701). Fabrics with improvements thereon and
work by another. Priority may require labeled with the Underwriters necessary operational equipment used
certification by an agency medical unit, Laboratories Inc., classification marking in connection therewith, which is used
for landing, takeoff, and parking of property, which has no reasonable inspection facilities, warehouses, and
aircraft. The term includes, but is not prospect of producing any disposal any such building designated by the
limited to, runways, strips, taxiways, revenues. President. It also includes buildings of
and parking aprons. Nonprofit organization means an this sort that are acquired by the Federal
Life cycle cost is the total cost of organization identified in 26 U.S.C. Government under the Administrator’s
owning, operating, and maintaining a 501(c). installment-purchase, lease-purchase,
building over its useful life, including Normally furnished commercially and purchase-contract authorities.
its fuel and energy costs, determined on means consistent with the level of (2) Public building does not include
the basis of a systematic evaluation and services provided by a commercial buildings:
comparison of alternative building building operator for space of (i) On the public domain.
systems; except that in the case of comparable quality and housing tenants (ii) In foreign countries.
leased buildings, the life cycle cost shall with comparable requirements. Service (iii) On Indian and native Eskimo
be calculated over the effective levels are based on the effort required to properties held in trust by the United
remaining term of the lease. service space for a five-day week, one States.
Limited combustible means rigid eight-hour shift schedule. (iv) On lands used in connection with
materials or assemblies that have fire Occupancy Emergency Organization Federal programs for agricultural,
hazard ratings not exceeding 25 for means the emergency response recreational, and conservation purposes.
flame spread and 150 for smoke organization comprised of employees of (v) On or used in connection with
development when tested in accordance Federal agencies designated to perform river, harbor, flood control, reclamation
with the American Society for Testing the requirements established by the or power projects, or for chemical
and Materials, Test E 84, Surface Occupant Emergency Plan. manufacturing or development projects,
Burning Characteristics of Building Occupant agency means an or for nuclear production, research, or
Materials. organization that is assigned space in a development projects.
Maintenance, for the purposes of part facility under GSA’s custody and (vi) On or used in connection with
102–75, entitled ‘‘Real Property control. housing and residential projects.
Disposal,’’ of this chapter, means the Occupant Emergency Plan means (vii) On military installations.
upkeep of property only to the extent procedures developed to protect life and (viii) On Department of Veterans
necessary to offset serious deterioration; property in a specific federally occupied Affairs installations used for hospital or
also such operation of utilities, space under stipulated emergency domiciliary purposes.
including water supply and sewerage conditions. (ix) Excluded by the President.
systems, heating, plumbing, and air- Occupant Emergency Program means Real property means:
conditioning equipment, as may be a short-term emergency response (1) Any interest in land, together with
necessary for fire protection, the needs program. It establishes procedures for the improvements, structures, and
of interim tenants, and personnel safeguarding lives and property during fixtures located thereon (including
employed at the site, and the emergencies in particular facilities. prefabricated movable structures, such
requirements for preserving certain Postal vehicle means a Government- as Butler-type storage warehouses and
types of equipment. For the purposes of owned vehicle used for the Quonset huts, and house trailers with or
part 102–74, entitled ‘‘Facility transportation of mail, or a privately without undercarriages), and
Management,’’ of this chapter, owned vehicle used under contract with appurtenances thereto, under the
maintenance means preservation by the U.S. Postal Service for the control of any Federal agency, except—
inspection, adjustment, lubrication, transportation of mail. (i) The public domain;
cleaning, and the making of minor Protection means the provisions of (ii) Lands reserved or dedicated for
repairs. Ordinary maintenance means adequate measures for prevention and national forest or national park
routine recurring work that is incidental extinguishment of fires, special purposes;
to everyday operations; preventive inspections to determine and eliminate (iii) Minerals in lands or portions of
maintenance means work programmed fire and other hazards, and necessary lands withdrawn or reserved from the
at scheduled intervals. guards to protect property against public domain that the Secretary of the
Management means the safeguarding thievery, vandalism, and unauthorized Interior determines are suitable for
of the Government’s interest in entry. disposition under the public land
property, in an efficient and economical Public area means any area of a mining and mineral leasing laws;
manner consistent with the best building under the control and custody (iv) Lands withdrawn or reserved
business practices. of GSA that is ordinarily open to from the public domain but not
Nationally recognized standards members of the public, including including lands or portions of lands so
encompasses any standard or lobbies, courtyards, auditoriums, withdrawn or reserved that the
modification thereof that— meeting rooms, and other such areas not Secretary of the Interior, with the
(1) Has been adopted and assigned to a lessee or occupant agency. concurrence of the Administrator of
promulgated by a nationally recognized Public body means any State of the General Services, determines are not
standards-producing organization under United States, the District of Columbia, suitable for return to the public domain
procedures whereby those interested the Commonwealth of Puerto Rico, the for disposition under the general public
and affected by it have reached Virgin Islands, or any political land laws because such lands are
substantial agreement on its adoption; subdivision, agency, or instrumentality substantially changed in character by
or of the foregoing. improvements or otherwise; and
(2) Was formulated through Public building means: (v) Crops when designated by such
consultation by appropriate Federal (1) Any building that is suitable for agency for disposition by severance and
agencies in a manner that afforded an office and/or storage space for the use of removal from the land.
opportunity for diverse views to be one or more Federal agencies or mixed- (2) Improvements of any kind,
considered. ownership corporations, such as Federal structures, and fixtures under the
No commercial value means real office buildings, post offices, control of any Federal agency when
property, including related personal customhouses, courthouses, border designated by such agency for
disposition without the underlying land regardless of their relationship to each Federal agencies must make the
(including such as may be located on other, in any mode of transportation, provisions of any contract with private
the public domain, on lands withdrawn including, but not limited to, carpools, sector real property services providers
or reserved from the public domain, on vanpools, buspools, and mass transit. conform to the policies in parts 102–71
lands reserved or dedicated for national State means the fifty States, political through 102–82 of this chapter.
forest or national park purposes, or on subdivisions thereof, the District of
lands that are not owned by the United Columbia, the Commonwealths of § 102–71.35 Are agencies allowed to
deviate from GSA’s real property policies?
States) excluding, however, Puerto Rico and Guam, and the
prefabricated movable structures, such territories and possessions of the United Yes, see §§ 102–2.60 through 102–
as Butler-type storage warehouses and States. 2.110 of this chapter to request a
Quonset huts, and house trailers (with Unit price agreement provides for the deviation from the requirements of these
or without undercarriages). furnishing of an indefinite quantity, real property policies.
(3) Standing timber and embedded within stated limits, of specific property ■ 2. Revise part 102–72 to read as
gravel, sand, or stone under the control or services at a specified price, during follows:
of any Federal agency, whether a specified contract period, with
designated by such agency for deliveries to be scheduled by the timely PART 102–72—DELEGATION OF
disposition with the land or by placement of orders upon the lessor by AUTHORITY
severance and removal from the land, activities designated either specifically Subpart A—General Provisions
excluding timber felled, and gravel, or by class. Sec.
sand, or stone excavated by or for the Unusual hours means work hours that 102–72.5 What is the scope of this part?
Government prior to disposition. are frequently required to be varied and 102–72.10 What basic policy governs
Recognized labor organization means do not coincide with any regular work delegation of authority to Federal
a labor organization recognized under schedule. This category includes time agencies?
title VII of the Civil Service Reform Act worked by individuals who regularly or Subpart B—Delegation of Authority
of 1978 (Pub. L. 95–454), as amended, frequently work significantly more than
governing labor-management relations. 102–72.15 What criteria must a delegation
8 hours per day. Unusual hours does not meet?
Recreational activities include, but include time worked by shift workers, 102–72.20 Are there limitations on this
are not limited to, the operations of by those on alternate work schedules, delegation of authority?
gymnasiums and related facilities. and by those granted exceptions to the 102–72.25 What are the different types of
Regional Officer, within the meaning normal work schedule (e.g., flex-time). delegations of authority?
of part 102–74, subpart D of this Upon approval from GSA means 102–72.30 What are the different types of
chapter, means the Federal official when an agency either has a delegation delegations related to real estate leasing?
designated to supervise the of authority document from the 102–72.35 What are the requirements for
implementation of the occasional use obtaining an Administrative Contracting
Administrator of General Services or
provisions of 40 U.S.C. 581(h)(2). The Officer (ACO) delegation from GSA?
written approval from the Administrator 102–72.40 What are facility management
Federal official may be an employee of or his/her designee before proceeding delegations?
GSA or a Federal agency that has with a specified action. 102–72.45 What are the different types of
delegated authority from GSA to Vanpool means a group of at least 8 delegations related to facility
supervise the implementation of the persons using a passenger van or a management?
occasional use provisions of 40 U.S.C. commuter bus designed to carry 10 or 102–72.50 What are Executive agencies’
581(h)(2). more passengers. Such a vehicle must responsibilities under a delegation of
Related personal property means any be used for transportation to and from real property management and operation
personal property— authority from GSA?
work in a single daily round trip. 102–72.55 What are the requirements for
(1) That is an integral part of real Zonal allocations means the
property or is related to, designed for, or obtaining a delegation of real property
allocation of parking spaces on the basis management and operation authority
specially adapted to the functional or of zones established by GSA in from GSA?
productive capacity of the real property conjunction with occupant agencies. In 102–72.60 What are Executive agencies’
and the removal of which would metropolitan areas where this method is responsibilities under a delegation of
significantly diminish the economic used, all agencies located in a individual repair and alteration project
value of the real property (normally designated zone will compete for authority from GSA?
common use items, including but not 102–72.65 What are the requirements for
available parking in accordance with obtaining a delegation of individual
limited to general-purpose furniture, instructions issued by GSA. In
utensils, office machines, office repair and alteration project authority
establishing this procedure, GSA will from GSA?
supplies, or general-purpose vehicles, consult with all affected agencies. 102–72.70 What are Executive agencies’
are not considered to be related personal responsibilities under a delegation of
property); or § 102–71.25 Who must comply with GSA’s lease management authority (contracting
(2) That is determined by the real property policies? officer representative authority) from
Administrator of General Services to be Federal agencies operating under, or GSA?
related to the real property. subject to, the authorities of the 102–72.75 What are the requirements for
Repairs means those additions or Administrator of General Services must obtaining a delegation of lease
changes that are necessary for the comply with these policies. management authority (contracting
protection and maintenance of property officer representative authority) from
to deter or prevent excessive or rapid § 102–71.30 How must these real property GSA?
policies be implemented? 102–72.80 What are Executive agencies’
deterioration or obsolescence, and to responsibilities under a disposal of real
restore property damaged by storm, Each Federal Government real property delegation of authority from
flood, fire, accident, or earthquake. property services provider must provide GSA?
Ridesharing means the sharing of the services that are in accord with the 102–72.85 What are the requirements for
commute to and from work by two or policies presented in parts 102–71 obtaining a disposal of real property
more people, on a continuing basis, through 102–82 of this chapter. Also, delegation of authority from GSA?
102–72.90 What are Executive agencies’ (g) Security Delegation of Authority; (a) Real property management and
responsibilities under a security and operation authority;
delegation of authority from GSA? (h) Utility Services Delegation of
102–72.95 What are the requirements for (b) Individual repair and alteration
Authority.
obtaining a security delegation of project authority; and
authority from GSA? § 102–72.30 What are the different types of (c) Lease management authority
102–72.100 What are Executive agencies’ delegations related to real estate leasing?
responsibilities under a utility service
(contracting officer representative
Delegations related to real estate authority).
delegation of authority from GSA?
102–72.105 What are the requirements for
leasing include the following:
obtaining a utility services delegation of (a) Categorical space delegations and § 102–72.50 What are Executive agencies’
authority from GSA? agency special purpose space responsibilities under a delegation of real
delegations (see § 102–73.140 of this property management and operation
Authority: 40 U.S.C. 121(c), (d) and (e). authority from GSA?
title).
Subpart A—General Provisions (b) The Administrator of General With this delegation, Executive
Services has issued a standing agencies have the authority to operate
§ 102–72.5 What is the scope of this part? delegation of authority (under a program and manage buildings day to day.
The real property policies contained known as ‘‘Can’t Beat GSA Leasing’’) to Delegated functions may include
in this part apply to Federal agencies, the heads of all Federal agencies to
building operations, maintenance,
including GSA’s Public Buildings accomplish all functions relating to
recurring repairs, minor alterations,
Service (PBS), operating under, or leasing of general purpose space for
terms of up to 20 years and below historic preservation, concessions, and
subject to, the authorities of the energy management of specified
Administrator of General Services. prospectus level requirements,
regardless of geographic location. This buildings subject to the conditions in
§ 102–72.10 What basic policy governs delegation includes some conditions the delegation document.
delegation of authority to Federal agencies? Federal agencies must meet when § 102–72.55 What are the requirements for
The Administrator of General Services conducting the procurement obtaining a delegation of real property
may delegate and may authorize themselves, such as training in lease management and operation authority from
successive redelegations of the real contracting and reporting data to GSA. GSA?
property authority vested in the (c) An ACO delegation, in addition to
Administrator to any Federal agency. lease management authority, provides An Executive agency may be
Federal agencies with limited delegated real property management
Subpart B—Delegation of Authority contracting officer authority to perform and operation authority when it—
§ 102–72.15 What criteria must a such duties as paying and withholding (a) Occupies at least 90 percent of the
delegation meet? lessor rent and modifying lease space in the Government-controlled
Delegations must be in the provisions that do not change the lease facility, or has the concurrence of 100
Government’s best interest, which term length or the amount of space percent of the rent-paying occupants to
means that GSA must evaluate such under lease. perform these functions; and
factors as whether a delegation would § 102–72.35 What are the requirements for (b) Demonstrates that it can perform
be cost effective for the Government in obtaining an Administrative Contracting the delegated real property management
the delivery of space. Officer (ACO) delegation from GSA? and operation responsibilities.
When Federal agencies do not
§ 102–72.20 Are there limitations on this § 102–72.60 What are Executive agencies’
delegation of authority? exercise the delegation of authority for
general purpose space mentioned in responsibilities under a delegation of
Federal agencies must exercise § 102–72.30(b) of this part, GSA may individual repair and alteration project
delegated real property authority and consider granting an ACO delegation authority from GSA?
functions according to the parameters when Federal agencies—
described in each delegation of With this delegation of authority,
(a) Occupy at least 90 percent of the Executive agencies have the
authority document, and Federal building’s GSA-controlled space, or
agencies may only exercise the authority responsibility to perform individual
Federal agencies have the written repair and alterations projects.
of the Administrator that is specifically concurrence of 100 percent of rent-
provided within the delegation of Executive agencies are delegated repair
paying occupants covered under the and alterations authority for
authority document. lease; and
reimbursable space alteration projects
§ 102–72.25 What are the different types of (b) Have the technical capability to
perform the leasing function. up to the simplified acquisition
delegations of authority?
threshold, as specified in the GSA
The basic types of GSA Delegations of § 102–72.40 What are facility management Customer Guide to Real Property.
Authority are— delegations?
(a) Delegation of Leasing Authority; Facility management delegations give § 102–72.65 What are the requirements for
(b) Delegation of Real Property Executive agencies authority to operate obtaining a delegation of individual repair
Management and Operation Authority; and alteration project authority from GSA?
and manage buildings day to day, to
(c) Delegation of Individual Repair perform individual repair and alteration Executive agencies may be delegated
and Alteration Project Authority; projects, and manage real property repair and alterations authority for other
(d) Delegation of Lease Management leases. individual alteration projects when they
Authority (Contracting Office
demonstrate the ability to perform the
Representative Authority); § 102–72.45 What are the different types of
(e) Delegation of Administrative delegations related to facility management? delegated repair and alterations
Contracting Officer (ACO) Authority; The principal types of delegations responsibilities and when such a
(f) Delegation of Real Property involved in the management of facilities delegation promotes efficiency and
Disposal Authority; are— economy.
§ 102–72.70 What are Executive agencies’ and persons on the property. Locating Federal Facilities
responsibilities under a delegation of lease Notwithstanding the foregoing, GSA 102–73.25 What policies must Executive
management authority (contracting officer retained all powers, functions and agencies comply with in locating Federal
representative authority) from GSA?
authorities necessary for the operation, facilities?
When an Executive agency does not maintenance, and protection of
exercise the delegation of authority Historic Preservation
buildings and grounds owned and
mentioned in § 102–72.30(b) to lease 102–73.30 What historic preservation
occupied by the Federal Government
general purpose space itself, it may be provisions must Federal agencies comply
and under the jurisdiction, custody, or with prior to acquiring, constructing, or
delegated, upon request, lease control of GSA.
management authority to manage the leasing space?
administration of one or more lease § 102–72.95 What are the requirements for Prospectus Requirements
contracts awarded by GSA. obtaining a security delegation of authority 102–73.35 Is a prospectus required for all
from GSA?
§ 102–72.75 What are the requirements for acquisition, construction, or alteration
An Executive agency may request a projects?
obtaining a delegation of lease
management authority (contracting officer
security delegation from GSA by 102–73.40 What happens if the dollar value
representative authority) from GSA? submitting a written request with the of the project exceeds the prospectus
detailed basis for the requested threshold?
An Executive agency may be
delegated lease management authority delegation to the Assistant Regional Subpart B—Acquisition by Lease
when it— Administrator, PBS, in the region where
102–73.45 When may Federal agencies
(a) Occupies at least 90 percent of the the building is located. A request for consider leases of privately owned land
building’s GSA-controlled space or has multiple buildings in multiple regions and buildings to satisfy their space
the written concurrence of 100 percent should be directed to the Commissioner needs?
of rent-paying occupants covered under of PBS. The delegation may be granted 102–73.50 Are Federal agencies that
the lease to perform this function; and where the requesting agency possess independent statutory authority
(b) Demonstrates the ability to demonstrates a compelling need for the to acquire leased space subject to
perform the delegated lease delegated authority and the delegation requirements of this part?
is not inconsistent with the authorities 102–73.55 On what basis must Federal
management responsibilities.
of any other law enforcement agency. agencies acquire leases?
§ 102–72.80 What are Executive agencies’ 102–73.60 With whom may Federal
responsibilities under a disposal of real § 102–72.100 What are Executive agencies’ agencies enter into lease agreements?
property delegation of authority from GSA? responsibilities under a utility service 102–73.65 Are there any limitations on
delegation of authority from GSA? leasing certain types of space?
With this delegation, Executive
102–73.70 Are Executive agencies required
agencies have the authority to utilize With this delegation, Executive
to acquire leased space by negotiation?
and dispose of excess or surplus real agencies have the authority to negotiate 102–73.75 What functions must Federal
and related personal property and to and execute utility services contracts for agencies perform with regard to leasing
grant approvals and make periods over one year but not exceeding building space?
determinations, subject to the ten years for their use and benefit. 102–73.80 Who is authorized to contact
conditions in the delegation document. Agencies also have the authority to lessors, offerors, or potential offerors
intervene in utility rate proceedings to concerning space leased or to be leased?
§ 102–72.85 What are the requirements for represent the consumer interests of the 102–73.85 Can agencies with independent
obtaining a disposal of real property statutory authority to lease space have
Federal Government, if so provided in
delegation of authority from GSA? GSA perform the leasing functions?
the delegation of authority.
While disposal delegations to 102–73.90 What contingent fee policy must
Executive agencies are infrequent, GSA § 102–72.105 What are the requirements Federal agencies apply to the acquisition
may delegate authority to them based on for obtaining a utility services delegation of of real property by lease?
situations involving certain low-value authority from GSA? 102–73.95 How are Federal agencies
required to assist GSA?
properties and when they can Executive agencies may be delegated
demonstrate that they have the technical utility services authority when they Competition in Contracting Act of 1984
expertise to perform the disposition have the technical expertise and 102–73.100 Is the Competition in
functions. GSA may grant special adequate staffing. Contracting Act of 1984, as amended
delegations of authority to Executive ■ 3. Revise part 102–73 to read as (CICA), applicable to lease acquisition?
agencies for the utilization and disposal follows: National Environmental Policy Act of 1969
of certain real property through the (NEPA)
PART 102–73—REAL ESTATE
procedures set forth in part 102–75, ACQUISITION 102–73.105 What policies must Federal
subpart F of this chapter. agencies follow to implement the
Subpart A—General Provisions
§ 102–72.90 What are Executive agencies’ requirements of NEPA when acquiring
Sec. real property by lease?
responsibilities under a security delegation
102–73.5 What is the scope of this part?
of authority from GSA? Lease Construction
102–73.10 What is the basic real estate
Law enforcement and related security acquisition policy? 102–73.110 What rules must Executive
functions were transferred to the 102–73.15 What real estate acquisition and agencies follow when acquiring
Department of Homeland Security upon related services may Federal agencies leasehold interests in buildings
its establishment in 2002. The provide? constructed for Federal Government use?
Homeland Security Act authorizes the United States Postal Service-Controlled Price Preference for Historic Properties
Secretary of Homeland Security, in Space 102–73.115 Must Federal agencies offer a
consultation with the Administrator of 102–73.20 Are Federal agencies required to price preference to space in historic
General Services, to issue regulations give priority consideration to space in properties when acquiring leased space?
necessary for the protection and buildings under the custody and control 102–73.120 How much of a price preference
administration of property owned or of the United States Postal Service in must Federal agencies give when
occupied by the Federal Government fulfilling Federal agency space needs? acquiring leased space using the lowest
price technically acceptable source Limitations on the Use of Delegated Service (PBS), operating under, or
selection process? Authority subject to, the authorities of the
102–73.125 How much of a price preference 102–73.230 When must Federal agencies Administrator of General Services.
must Federal agencies give when submit a prospectus to lease real
acquiring leased space using the best property? § 102–73.10 What is the basic real estate
value tradeoff source selection process? 102–73.235 What is the maximum lease acquisition policy?
Leases With Purchase Options term that a Federal agency may agree to When seeking to acquire space,
when it has been delegated lease Federal agencies should first seek space
102–73.130 When may Federal agencies acquisition authority from GSA?
consider acquiring leases with purchase in Government-owned and Government-
102–73.240 What policy must Federal
options? agencies follow to acquire official
leased buildings. If suitable
parking spaces? Government-controlled space is
Scoring Rules unavailable, Federal agencies must
102–73.135 What scoring rules must Subpart C—Acquisition by Purchase or acquire real estate and related services
Federal agencies follow when Condemnation in an efficient and cost effective
considering leases and leases with Buildings manner.
purchase options?
102–73.245 When may Federal agencies § 102–73.15 What real estate acquisition
Delegations of Leasing Authority consider purchase of buildings? and related services may Federal agencies
102–73.140 When may agencies that do not 102–73.250 Are agencies required to adhere provide?
possess independent leasing authority to the policies for locating Federal
lease space? facilities when purchasing buildings? Federal agencies, upon approval from
102–73.255 What factors must Executive GSA, may provide real estate
Categorical Space Delegations agencies consider when purchasing acquisition and related services,
102–73.145 What is a categorical space sites? including leasing (with or without
delegation? Land purchase options), building and/or site
102–73.150 What is the policy for purchase, condemnation, and relocation
categorical space delegations? 102–73.260 What land acquisition policy
must Federal agencies follow?
assistance. For information on the
102–73.155 What types of space can design and construction of Federal
Federal agencies acquire with a 102–73.265 What actions must Federal
agencies take to facilitate land facilities, see part 102–76 of this
categorical space delegation?
acquisition? chapter.
Special Purpose Space Delegations
Just Compensation United States Postal Service-Controlled
102–73.160 What is an agency special Space
purpose space delegation? 102–73.270 Are Federal agencies required
102–73.165 What is the policy for agency to provide the owner with a written
§ 102–73.20 Are Federal agencies required
special purpose space delegations? statement of the amount established as
to give priority consideration to space in
102–73.170 What types of special purpose just compensation?
buildings under the custody and control of
space may the Department of Agriculture 102–73.275 What specific information must
the United States Postal Service in fulfilling
lease? be included in the summary statement
Federal agency space needs?
102–73.175 What types of special purpose for the owner that explains the basis for
just compensation? Yes, after considering the availability
space may the Department of Commerce
lease? 102–73.280 Where can Federal agencies of GSA-controlled space and
102–73.180 What types of special purpose find guidance on how to appraise the determining that no such space is
space may the Department of Defense value of properties being acquired by the available to meet its needs, Federal
lease? Federal Government? agencies must extend priority
102–73.185 What types of special purpose 102–73.285 [Reserved] consideration to available space in
space may the Department of Energy 102–73.290 Are there any prohibitions
when a Federal agency pays ‘‘just
buildings under the custody and control
lease? of the United States Postal Service
102–73.190 What types of special purpose compensation’’ to a tenant?
(USPS) in fulfilling Federal agency
space may the Federal Communications Expenses Incidental to Property Transfer space needs, as specified in the
Commission lease?
102–73.195 What types of special purpose
102–73.295 What property transfer ‘‘Agreement Between General Services
expenses must Federal agencies cover Administration and the United States
space may the Department of Health and
when acquiring real property? Postal Service Covering Real and
Human Services lease?
102–73.196 What types of special purpose Litigation Expenses Personal Property Relationships and
space may the Department of Homeland 102–73.300 Are Federal agencies required Associated Services,’’ dated July 1985.
Security lease? to pay for litigation expenses incurred by
102–73.200 What types of special purpose Locating Federal Facilities
a property owner because of a
space may the Department of the Interior condemnation proceeding? § 102–73.25 What policies must Executive
lease?
agencies comply with in locating Federal
102–73.205 What types of special purpose Relocation Assistance Policy
facilities?
space may the Department of Justice 102–73.305 What relocation assistance
lease? Executive agencies must comply with
policy must Federal agencies follow?
102–73.210 What types of special purpose the location policies in this part and
space may the Office of Thrift Authority: 40 U.S.C. 121(c); Sec. 3(c), part 102–83 of this chapter.
Supervision lease? Reorganization Plan No. 18 of 1950 (40
102–73.215 What types of special purpose U.S.C. 301 note); Sec. 1–201(b), E.O. 12072, Historic Preservation
space may the Department of 43 FR 36869, 3 CFR, 1978 Comp., p. 213.
§ 102–73.30 What historic preservation
Transportation lease?
Subpart A—General Provisions provisions must Federal agencies comply
102–73.220 What types of special purpose
with prior to acquiring, constructing, or
space may the Department of the
§ 102–73.5 What is the scope of this part? leasing space?
Treasury lease?
102–73.225 What types of special purpose The real property policies contained Prior to acquiring, constructing, or
space may the Department of Veterans in this part apply to Federal agencies, leasing space, Federal agencies must
Affairs lease? including GSA’s Public Buildings comply with the provisions of section
110(a) of the National Historic in the community is insufficient, or is determination to the Committee on
Preservation Act of 1966, as amended indefinite in scope or duration. Environment and Public Works of the
(16 U.S.C. 470h–2(a)), regarding the use (c) Federal agencies cannot provide Senate and the Committee on
of historic properties. Federal agencies for the completion of a new building Transportation and Infrastructure of the
can find guidance on protecting, within a reasonable time. House of Representatives in accordance
enhancing, and preserving historic and with 40 U.S.C. 3307(f)(2).
§ 102–73.50 Are Federal agencies that
cultural property in part 102–78 of this
possess independent statutory authority to § 102–73.70 Are Executive agencies
chapter. acquire leased space subject to required to acquire leased space by
Prospectus Requirements requirements of this part? negotiation?
No, Federal agencies possessing Yes, Executive agencies must acquire
§ 102–73.35 Is a prospectus required for independent statutory authority to
all acquisition, construction, or alteration leased space by negotiation, except
projects? acquire leased space are not subject to where the sealed bid procedure is
GSA authority and, therefore, may not required by the Competition in
No, a prospectus is not required if the
be subject to the requirements of this Contracting Act, as amended (CICA) (41
dollar value of a project does not exceed
part. However, lease prospectus U.S.C. 253(a)).
the prospectus threshold. 40 U.S.C.
approval requirements of 40 U.S.C.
3307 establishes a prospectus threshold,
Section 3307 may still apply § 102–73.75 What functions must Federal
applicable to Federal agencies operating agencies perform with regard to leasing
appropriations to lease of space for
under, or subject to, the authorities of building space?
public purposes under an agency’s
the Administrator of General Services,
for the construction, alteration, independent leasing authority. Federal agencies, upon approval from
purchase, and acquisition of any GSA, must perform all functions of
§ 102–73.55 On what basis must Federal
building to be used as a public building, leasing building space, and land
agencies acquire leases?
and establishes a prospectus threshold incidental thereto, for their use except
Federal agencies must acquire leases as provided in this subpart.
to lease any space for use for public on the most favorable basis to the
purposes. The current prospectus Federal Government, with due § 102–73.80 Who is authorized to contact
threshold value for each fiscal year can consideration to maintenance and lessor, offerors, or potential offerors
be accessed by entering GSA’s Web site operational efficiency, and at charges concerning space leased or to be leased?
at http://www.gsa.gov and then inserting consistent with prevailing market rates No one, except the Contracting Officer
‘‘prospectus thresholds’’ in the search for comparable facilities in the or his or her designee, may contact
mechanism in the upper right-hand community. lessors, offerors, or potential offerors
corner of the page. concerning space leased or to be leased
§ 102–73.60 With whom may Federal
§ 102–73.40 What happens if the dollar agencies enter into lease agreements?
for the purpose of making oral or
value of the project exceeds the prospectus written representation or commitments
threshold?
Federal agencies, upon approval from or agreements with respect to the terms
GSA, may enter into lease agreements of occupancy of particular space, tenant
Projects require approval by the
with any person, partnership, improvements, alterations and repairs,
Senate and the House of Representatives
corporation, or other public or private or payment for overtime services.
if the dollar value of a project exceeds
entity, provided that such lease
the prospectus threshold. To obtain this
agreements do not bind the Government § 102–73.85 Can agencies with
approval, the Administrator of General
for periods in excess of twenty years (40 independent statutory authority to lease
Services will transmit the proposed space have GSA perform the leasing
U.S.C. 585(a)). Federal agencies may not
prospectuses to Congress for functions?
enter into lease agreements with persons
consideration by the Senate and the
who are barred from contracting with Yes, upon request, GSA may perform,
House of Representatives. Furthermore,
as indicated in § 102–72.30(b), the the Federal Government (e.g., Members on a reimbursable basis, all functions of
general purpose lease delegation of Congress or debarred or suspended leasing building space, and land
authority is restricted to below the contractors). incidental thereto, for Federal agencies
prospectus threshold, and therefore, possessing independent statutory
§ 102–73.65 Are there any limitations on
GSA must conduct all lease acquisitions authority to lease space. However, GSA
leasing certain types of space?
over the threshold. reserves the right to accept or reject
Yes, the limitations on leasing certain reimbursable leasing service requests on
types of space are as follows: a case-by-case basis.
Subpart B—Acquisition by Lease (a) In general, Federal agencies may
§ 102–73.45 When may Federal agencies not lease any space to accommodate § 102–73.90 What contingent fee policy
consider leases of privately owned land and computer and telecommunications must Federal agencies apply to the
buildings to satisfy their space needs? operations; secure or sensitive activities acquisition of real property by lease?
Federal agencies may consider leases related to the national defense or Federal agencies must apply the
of privately owned land and buildings security; or a permanent courtroom, contingent fee policies in 48 CFR 3.4 to
only when needs cannot be met judicial chamber, or administrative all negotiated and sealed bid contracts
satisfactorily in Government-controlled office for any United States court, if the for the acquisition of real property by
space and one or more of the following average annual net rental cost of leasing lease. Federal agencies must
conditions exist: such space would exceed the prospectus appropriately adapt the representations
(a) Leasing is more advantageous to threshold (40 U.S.C. 3307(f)(1)). and covenants required by that subpart
the Government than constructing a (b) However, Federal agencies may for use in leases of real property for
new building, or more advantageous lease such space if the Administrator of Government use.
than altering an existing Federal General Services first determines that
building. leasing such space is necessary to meet § 102–73.95 How are Federal agencies
(b) New construction or alteration is requirements that cannot be met in required to assist GSA?
unwarranted because demand for space public buildings, and then submits such The heads of Federal agencies must—
(a) Cooperate with and assist the Price Preference for Historic Properties give a 10 percent price preference to
Administrator of General Services in suitable historic properties outside of
carrying out his responsibilities § 102–73.115 Must Federal agencies offer historic districts.
a price preference to space in historic
respecting office buildings and space; properties when acquiring leased space?
(d) Finally, if no suitable historic
(b) Take measures to give GSA early property outside of historic districts is
Yes, Federal agencies must give a offered, no historic price preference will
notice of new or changing space
price preference to space in historic be given to any property offered.
requirements;
properties when acquiring leased space
(c) Seek to economize their using either the lowest price technically Leases With Purchase Options
requirements for space; and acceptable or the best value tradeoff
(d) Continuously review their needs § 102–73.130 When may Federal agencies
source selection processes. consider acquiring leases with purchase
for space in and near the District of
§ 102–73.120 How much of a price options?
Columbia, taking into account the
feasibility of decentralizing services or preference must Federal agencies give Agencies may consider leasing with a
activities that can be carried on when acquiring leased space using the purchase option at or below fair market
lowest price technically acceptable source value, consistent with the lease-
elsewhere without excessive costs or
selection process? purchase scoring rules, when one or
significant loss of efficiency.
Federal agencies must give a price more of the following conditions exist:
Competition in Contracting Act of 1984 evaluation preference to space in (a) The purchase option offers
historic properties as follows: economic and other advantages to the
§ 102–73.100 Is the Competition in
Contracting Act of 1984, as amended (a) First to suitable historic properties Government and is consistent with the
(CICA), applicable to lease acquisition? within historic districts, a 10 percent Government’s goals.
price preference. (b) The Government is the sole or
Yes, Executive agencies must obtain (b) If no suitable historic property
full and open competition among major tenant of the building, and has a
within an historic district is offered, or long-term need for the property.
suitable locations meeting minimum the 10 percent preference does not (c) Leasing with a purchase option is
Government requirements, except as result in such property being the lowest otherwise in the best interest of the
otherwise provided by CICA, 41 U.S.C. price technically acceptable offer, the Government.
253. Government will give a 2.5 percent
price preference to suitable non-historic Scoring Rules
National Environmental Policy Act of
1969 (NEPA) developed or undeveloped sites within § 102–73.135 What scoring rules must
historic districts. Federal agencies follow when considering
§ 102–73.105 What policies must Federal (c) If no suitable non-historic leases and leases with purchase options?
agencies follow to implement the developed or undeveloped site within
requirements of NEPA when acquiring real All Federal agencies must follow the
an historic district is offered, or the 2.5 budget scorekeeping rules for leases,
property by lease?
percent preference does not result in capital leases, and lease-purchases
Federal agencies must follow the such property being the lowest price identified in appendices A and B of
NEPA policies identified in §§ 102– technically acceptable offer, the OMB Circular A–11. (For availability,
76.40 and 102–76.45 of this chapter. Government will give a 10 percent price see 5 CFR 1310.3.)
Lease Construction preference to suitable historic properties
outside of historic districts. Delegations of Leasing Authority
§ 102–73.110 What rules must Executive (d) Finally, if no suitable historic
agencies follow when acquiring leasehold § 102–73.140 When may agencies that do
property outside of historic districts is not possess independent leasing authority
interests in buildings constructed for offered, no historic price preference will
Federal Government use? lease space?
be given to any property offered. Federal agencies may perform for
When acquiring leasehold interests in
§ 102–73.125 How much of a price themselves all functions necessary to
buildings to be constructed for Federal
preference must Federal agencies give acquire leased space in buildings and
Government use, Executive agencies
when acquiring leased space using the best land incidental thereto when—
must— value tradeoff source selection process? (a) The authority may be delegated
(a) Establish detailed building (see § 102–72.30) on the different types
When award will be based on the best
specifications before agreeing to a of delegations related to real estate
value tradeoff source selection process,
contract that will result in the leasing);
which permits tradeoffs among price
construction of a building; (b) The space may be leased for no
and non-price factors, the Government
(b) Use competitive procedures; will give a price evaluation preference rental, or for a nominal consideration of
(c) Inspect every building during to historic properties as follows: $1 per annum, and is limited to terms
construction to ensure that the building (a) First to suitable historic properties not to exceed 1 year;
complies with the Government’s within historic districts, a 10 percent (c) Authority has been requested by
specifications; price preference. an Executive agency and a specific
(d) Evaluate every building after (b) If no suitable historic property delegation has been granted by the
completion of construction to determine within an historic district is offered or Administrator of General Services;
that the building complies with the remains in the competition, the (d) A categorical delegation has been
Government’s specifications; and Government will give a 2.5 percent granted by the Administrator of General
(e) Ensure that any contract that will price preference to suitable non-historic Services for space to accommodate
result in the construction of a building developed or undeveloped sites within particular types of agency activities,
contains provisions permitting the historic districts. such as military recruiting offices or
Government to reduce the rent during (c) If no suitable non-historic space for certain county level
any period when the building does not developed or undeveloped site within agricultural activities (see § 102–73.155
comply with the Government’s an historic district is offered or remains for a listing of categorical delegations);
specifications. in the competition, the Government will or
(e) The required space is found by the (k) Quarantine facilities for plants, (c) Miscellaneous storage by cubic
Administrator of General Services to be birds, and other animals; foot or weight basis.
wholly or predominantly utilized for the (l) Ranger stations, i.e., facilities that (d) Office space when required to be
special purposes of the agency to typically include small offices staffed by located in or adjacent to stockyards,
occupy such space and is not generally one or more uniformed employees, and produce markets, produce terminals,
suitable for use by other agencies. may include sleeping/family quarters, airports, and other ports (lease terms,
Federal agencies must obtain prior parking areas, garages, and storage including all options, limited to 5
approval from the GSA regional office space. Office space within ranger years).
having jurisdiction for the proposed stations is minimal and does not (e) Space for agricultural commodities
leasing action, before initiating a leasing comprise a majority of the space. (May stored in licensed warehouses and
action involving 2,500 or more square also be referred to as guard stations, utilized under warehouse contracts.
feet of such special purpose space. information centers, or kiosks); (f) Space utilized in cooperation with
GSA’s approval must be based upon a (m) Recruiting space for the armed State and local governments or their
finding that there is no vacant forces (lease terms, including all instrumentalities (extension services)
Government-owned or leased space options, limited to 5 years); where the cooperating State or local
available that will meet the agency’s (n) Schools directly related to the government occupies a portion of the
requirements. Agency special purpose special purpose function(s) of an space and pays a portion of the rent.
space delegations can be found in agency;
§§ 102–73.170 through 102–73.225. (o) Specialized storage/depot § 102–73.175 What types of special
facilities, such as cold storage; self- purpose space may the Department of
Categorical Space Delegations Commerce lease?
storage units; and lumber, oil, gasoline,
shipbuilding materials, and pesticide The Department of Commerce is
§ 102–73.145 What is a categorical space
delegation? materials/equipment storage (general delegated authority to lease the
purpose warehouse type storage following types of special purpose
A categorical space delegation is a space:
standing delegation of authority from facilities not included); and
(p) Space for short-term use (such as (a) Space required by the Census
the Administrator of General Services to Bureau in connection with conducting
a Federal agency to acquire a type of conferences and meetings, judicial
proceedings, and emergency situations). the decennial census (lease terms,
space identified in § 102–73.155, subject including all options, limited to 5
to limitations in this part. Special Purpose Space Delegations years).
§ 102–73.150 What is the policy for § 102–73.160 What is an agency special (b) Laboratories for testing materials,
categorical space delegations? purpose space delegation? classified or ordnance devices,
Subject to the limitations cited in An agency special purpose space calibration of instruments, and
§§ 102–73.230 through 102–73.240, all delegation is a standing delegation of atmospheric and oceanic research (lease
Federal agencies are authorized to authority from the Administrator of terms, including all options, limited to
acquire the types of space listed in General Services to specific Federal 5 years).
§ 102–73.155 and, except where agencies to lease their own special (c) Maritime training stations.
otherwise noted, may lease space for purpose space (identified in §§ 102– (d) Radio stations.
terms, including all options, of up to 20 73.170 through 102–73.225), subject to (e) Land (if unimproved, may be
years. limitations in this part. leased only on a fiscal year basis).
(f) National Weather Service
§ 102–73.155 What types of space can § 102–73.165 What is the policy for agency meteorological facilities.
Federal agencies acquire with a categorical special purpose space delegations?
space delegation? § 102–73.180 What types of special
Subject to the limitations on annual purpose space may the Department of
Federal agencies can use categorical rental amounts, lease terms, and leases Defense lease?
space delegations to acquire— on parking spaces cited in §§ 102–
(a) Space to house antennas, The Department of Defense is
73.230 through 102–73.240, the agencies
repeaters, or transmission equipment; delegated authority to lease the
listed below are authorized to acquire
(b) Depots, including, but not limited following types of special purpose
special purpose space associated with
to, stockpiling depots and torpedo net space:
that agency and, except where otherwise
depots; (a) Air Force—Civil Air Patrol Liaison
noted, may lease such space for terms,
(c) Docks, piers, and mooring facilities Offices and land incidental thereto
including all options, of up to 20 years.
(including closed storage space required when required for use incidental to, in
The agencies and types of space subject
in combination with such facilities); conjunction with, and in close
to special purpose space delegations are
(d) Fumigation areas; proximity to airports, including aircraft
specified in §§ 102–73.170 through 102–
(e) Garage space (may be leased only and warning stations (if unimproved,
73.225.
on a fiscal year basis); land may be leased only on a fiscal year
(f) Greenhouses; § 102–73.170 What types of special basis; for space, lease terms, including
(g) Hangars and other airport purpose space may the Department of all options, limited to 5 years).
operating facilities including, but not Agriculture lease? (b) Armories.
limited to, flight preparation space, The Department of Agriculture is (c) Film library in the vicinity of
aircraft storage areas, and repair shops; delegated the authority to lease the Washington, DC.
(h) Hospitals, including medical following types of special purpose (d) Mess halls.
clinics; space: (e) Ports of embarkation and
(i) Housing (temporary), including (a) Cotton classing laboratories (lease debarkation.
hotels (does not include quarters terms, including all options, limited to (f) Post exchanges.
obtained pursuant to temporary duty 5 years). (g) Postal Concentration Center, Long
travel or employee relocation); (b) Land (if unimproved, may be Island City, NY.
(j) Laundries; leased only on a fiscal year basis). (h) Recreation centers.
(i) Reserve training space. facilities) and not general office or on a fiscal year basis; lease term for
(j) Service clubs. administrative space. space, including all options, limited to
(k) Testing laboratories (lease terms, 5 years).
§ 102–73.205 What types of special
including all options, limited to 5 (b) Aerostat radar facilities necessary
purpose space may the Department of
years). Justice lease? for U.S. Custom Service mission
§ 102–73.185 What types of special The Department of the Justice is activities.
purpose space may the Department of delegated authority to lease the
Energy lease? § 102–73.225 What types of special
following types of special purpose
purpose space may the Department of
The Department of Energy, as the space:
Veterans Affairs lease?
successor to the Atomic Energy (a) U.S. marshals office in any Alaska
Commission, is delegated authority to location (lease terms, including all The Department of Veterans Affairs is
lease facilities housing the special options, limited to 5 years). delegated authority to lease the
purpose or special location activities of (b) Space used for storage and following types of special purpose
the old Atomic Energy Commission. maintenance of surveillance vehicles space:
and seized property (lease terms,
§ 102–73.190 What types of special (a) Guidance and training centers
including all options, limited to 5
purpose space may the Federal located at schools and colleges.
years).
Communications Commission lease? (b) Space used for veterans hospitals,
(c) Space used for review and custody
The Federal Communications of records and other evidentiary including outpatient and medical-
Commission is delegated authority to materials (lease terms, including all related clinics, such as drug, mental
lease monitoring station sites. options, limited to 5 years). health, and alcohol.
§ 102–73.195 What types of special (d) Space used for trial preparation
where space is not available in Federal Limitations on the Use of Delegated
purpose space may the Department of Authority
Health and Human Services lease? buildings, Federal courthouses, USPS
The Department of Health and Human facilities, or GSA-leased buildings (lease § 102–73.230 When must Federal agencies
Services is delegated authority to lease terms limited to not more than 1 year). submit a prospectus to lease real property?
laboratories (lease terms, including all § 102–73.210 What types of special In accordance with 40 U.S.C. 3307,
options, limited to 5 years). purpose space may the Office of Thrift Federal agencies must submit a
Supervision lease?
§ 102–73.196 What types of special prospectus to the Administrator of
purpose space may the Department of The Office of Thrift Supervision is General Services for leases involving a
Homeland Security lease? delegated authority to lease space for net annual rental, excluding services
The Department of Homeland field offices of Examining Divisions and utilities, in excess of the prospectus
Security is delegated authority to lease required to be located within Office of threshold provided in 40 U.S.C. 3307.
whatever space its organizational units Thrift Supervision buildings or Agencies must be aware that prospectus
or components had authority to lease immediately adjoining or adjacent to
thresholds are indexed and change each
prior to the creation of the Department such buildings (lease terms, including
year.
of Homeland Security, including— all options, limited to 5 years).
(a) Border patrol offices similar in § 102–73.235 What is the maximum lease
character and utilization to police purpose space may the Department of term that a Federal agency may agree to
when it has been delegated lease
stations, involving the handling of Transportation lease?
acquisition authority from GSA?
prisoners, firearms, and motor vehicles, The Department of Transportation is
regardless of location (lease terms, delegated authority to lease the Pursuant to GSA’s authority to enter
including all options limited to 5 years); following types of special purpose space into lease agreements contained in 40
(b) Space for the U.S. Coast Guard (or real property): U.S.C. 585(a)(2), agencies delegated the
oceanic unit, Woods Hole, MA; and (a) Land for the Federal Aviation authorities outlined herein may enter
(c) Space for the U.S. Coast Guard Administration (FAA) at airports into leases for the term specified in the
port security activities. (unimproved land may be leased only delegation. In those cases where agency
on a fiscal year basis). special purposes space delegations
(b) General purpose office space not include the authority to acquire
purpose space may the Department of the
Interior lease? exceeding 10,000 square feet for the unimproved land, the land may be
FAA at airports in buildings under the leased only on a fiscal year basis.
The Department of the Interior is jurisdiction of public or private airport
delegated authority to lease the authorities (lease terms, including all § 102–73.240 What policy must Federal
following types of special purpose options, limited to 5 years). agencies follow to acquire official parking
space: spaces?
(a) Space in buildings and land § 102–73.220 What types of special
incidental thereto used by field crews of purpose space may the Department of the Federal agencies that need parking
the Bureau of Reclamation, Bureau of Treasury lease? must utilize available Government-
Land Management, and the Geological The Department of the Treasury is owned or leased facilities. Federal
Survey in areas where no other delegated authority to lease the agencies must make inquiries regarding
Government agencies are quartered following types of special purpose availability of such Government-
(unimproved land may be leased only space: controlled space to GSA regional offices
on a fiscal year basis). (a) Space and land incidental thereto and document such inquiries. If no
(b) National Parks/Monuments for the use of the Comptroller of the suitable Government-controlled
Visitors Centers consisting primarily of Currency, as well as the operation, facilities are available, an agency may
special purpose space (e.g., visitor maintenance and custody thereof (if use its own procurement authority to
reception, information, and rest room unimproved, land may be leased only acquire parking by service contract.
Subpart C—Acquisition by Purchase in the best interests of the Government this amount and summarize the basis for
or Condemnation to purchase a contaminated site (e.g., it. When it is appropriate, Federal
reuse of a site under an established agencies must separately state the just
Buildings ‘‘Brownfields’’ program). compensation for the property to be
§ 102–73.245 When may Federal agencies (d) Purchase options to secure the acquired and damages to the remaining
consider purchase of buildings? future availability of a site. real property.
(e) All applicable location policies in
A Federal agency may consider § 102–73.275 What specific information
this part and part 102–83 of this
purchase of buildings on a case-by-case must be included in the summary statement
chapter.
basis if it has landholding authority and for the owner that explains the basis for just
when one or more of the following Land compensation?
conditions exist: The summary statement must—
(a) It is economically more beneficial § 102–73.260 What land acquisition policy
must Federal agencies follow?
(a) Identify the real property and the
to own and manage the property. estate or interest the Federal agency is
(b) There is a long-term need for the Federal agencies must follow the land acquiring;
property. acquisition policy in the Uniform (b) Identify the buildings, structures,
(c) The property is an existing Relocation Assistance and Real Property and other improvements the Federal
building, or a building nearing Acquisition Policies Act, as amended, agency considers part of the real
completion, that can be purchased and 42 U.S.C. 4651–4655, which— property for which just compensation is
occupied within a reasonable time. (a) Encourages and expedites the
being offered;
(d) When otherwise in the best acquisition of real property by
(c) State that the Federal agency based
interests of the Government. agreements with owners;
the estimate of just compensation on the
(b) Avoids litigation, including
§ 102–73.250 Are agencies required to Government’s estimate of the property’s
condemnation actions, where possible
adhere to the policies for locating Federal fair market value. If only part of a
and relieves congestion in the courts;
facilities when purchasing buildings? (c) Provides for consistent treatment property or less than a full interest is
Yes, when purchasing buildings, of owners; and being acquired, Federal agencies must
agencies must comply with the location (d) Promotes public confidence in explain how they determined the just
policies in this part and part 102–83 of Federal land acquisition practices. compensation for it; and
this chapter. (d) State that the Government’s
§ 102–73.265 What actions must Federal estimate of just compensation is at least
§ 102–73.255 What factors must Executive agencies take to facilitate land acquisition? as much as the property’s approved
agencies consider when purchasing sites? To facilitate land acquisition, Federal appraisal value.
Agencies must locate proposed agencies must, among other things—
Federal buildings on sites that are most (a) Appraise the real property before § 102–73.280 Where can Federal agencies
advantageous to the United States. find guidance on how to appraise the value
starting negotiations and give the owner of properties being acquired by the Federal
Executive agencies must consider (or the owner’s representative) the Government?
factors such as whether the site will opportunity to accompany the appraiser
contribute to economy and efficiency in during the inspection; The Interagency Land Acquisition
the construction, maintenance, and (b) Establish an amount estimated to Conference has developed,
operation of the individual building, be the just compensation before starting promulgated, and adopted the Uniform
and how the proposed site relates to the negotiations and promptly offer to Appraisal Standards for Federal Land
Government’s total space needs in the acquire the property for this full Acquisitions, sometimes referred to as
community. Prior to acquiring, amount; the ‘‘Yellow Book.’’ The Interagency
constructing, or leasing buildings (or (c) Try to negotiate with owners on Land Acquisition Conference,
sites for such buildings), Federal the price; established on November 27, 1968, by
agencies must use, to the maximum (d) Pay the agreed purchase price to invitation of the Attorney General, is a
extent feasible, historic properties the property owner, or in the case of a voluntary organization composed of the
available to the agency. In site condemnation, deposit payment in the many Federal agencies engaged in the
selections, Executive agencies must registry of the court, for the benefit of acquisition of real estate for public uses.
consider Executive Order 12072 (August the owner, before requiring the owner to The ‘‘Yellow Book’’ is published by the
16, 1978, 43 FR 36869) and Executive surrender the property; and Appraisal Institute in cooperation with
Order 13006 (40 U.S.C. 3306 note). In (e) Provide property owners (and the U.S. Department of Justice and is
addition, Executive agencies must occupants) at least 90 days’ notice of available in hard copy or on the
consider all of the following: displacement before requiring anyone to Department of Justice’s internet Web
(a) Maximum utilization of move. If a Federal agency permits the site at http://www.usdoj.gov/enrd/land-
Government-owned land (including owner to keep possession for a short ack/.
excess land) whenever it is adequate, time after acquiring the owner’s § 102–73.285 [Reserved]
economically adaptable to requirements property, Federal agencies must not
and properly located, where such use is charge rent in excess of the property’s § 102–73.290 Are there any prohibitions
consistent with the provisions of part fair rental value to a short-term when a Federal agency pays ‘‘just
102–75, subpart B, of this chapter. occupier. compensation’’ to a tenant?
(b) A site adjacent to or in the Yes, Federal agencies must not—
Just Compensation
proximity of an existing Federal (a) Duplicate any payment to the
building that is well located and is to be § 102–73.270 Are Federal agencies tenant otherwise authorized by law; and
retained for long-term occupancy. required to provide the owner with a written (b) Pay a tenant unless the landowner
(c) The environmental condition of statement of the amount established as just disclaims all interests in the tenant’s
proposed sites prior to purchase. The compensation? improvements. In consideration for any
sites must be free from contamination, Yes, Federal agencies must provide such payment, the tenant must assign,
unless it is otherwise determined to be the owner with a written statement of transfer, and release to the Federal
agency all of its right, title, and interest relocation assistance under the Uniform 102–74.80 [Reserved]
in the improvements. The tenant may Relocation Assistance and Real Property 102–74.85 [Reserved]
reject such payment under this subpart Acquisition Policies Act, as amended, 102–74.90 [Reserved]
and obtain payment for its property 42 U.S.C. 4651–4655, to eligible owners 102–74.95 [Reserved]
interests according to other sections of and tenants of property purchased for Conservation Program
applicable law. use by Federal agencies in accordance 102–74.100 What are conservation
with the implementing regulations programs?
Expenses Incidental to Property
found in 49 CFR part 24. Appropriate
Transfer Asset Services
relocation assistance means that the
§ 102–73.295 What property transfer Federal agency must pay the displaced 102–74.105 What are asset services?
expenses must Federal agencies cover person for actual— 102–74.110 What asset services must
when acquiring real property? (a) Reasonable moving expenses (in Executive agencies provide?
moving himself, his family, and 102–74.115 What standard in providing
Federal agencies must— asset services must Executive agencies
(a) Reimburse property owners for all business);
(b) Direct losses of tangible personal follow?
reasonable expenses actually incurred 102–74.120 Is a prospectus required to be
for recording fees, transfer taxes, property as a result of moving or
submitted before emergency alterations
documentary stamps, evidence of title, discontinuing a business; can be performed?
boundary surveys, legal descriptions of (c) Reasonable expenses in searching 102–74.125 Are prospectuses required for
the real property, and similar expenses for a replacement business or farm; and reimbursable alteration projects?
needed to convey the property to the (d) Reasonable expenses necessary to 102–74.130 When a prospectus is required,
Federal Government; reestablish a displaced farm, nonprofit can GSA prepare a prospectus for a
(b) Reimburse property owners for all organization, or small business at its reimbursable alteration project?
reasonable expenses actually incurred new site, but not to exceed $10,000. 102–74.135 Who selects construction and
■ 4. Revise part 102–74 to read as alteration projects that are to be
for penalty costs and other charges to
follows: performed?
prepay any existing, recorded mortgage 102–74.140 On what basis does the
that a property owner entered into in Administrator select construction and
PART 102–74—FACILITY
good faith and that encumbers the real alteration projects?
MANAGEMENT
property; 102–74.145 What information must a
(c) Reimburse property owners for all Subpart A—General Provisions Federal agency submit to GSA after the
reasonable expenses actually incurred Sec. agency has identified a need for
for the prorated part of any prepaid real 102–74.5 What is the scope of this part? construction or alteration of a public
property taxes that cover the period 102–74.10 What is the basic facility building?
after the Federal Government gets title management policy? 102–74.150 Who submits prospectuses for
to the property or effective possession of the construction or alteration of public
Subpart B—Facility Management buildings to the Congressional
it, whichever is earlier; and
102–74.15 What are the facility committees?
(d) Whenever possible, directly pay management responsibilities of occupant
the costs identified in this section, so agencies? Energy Conservation
property owners will not have to pay 102–74.155 What energy conservation
them and then seek reimbursement from Occupancy Services
policy must Federal agencies follow in
the Government. 102–74.20 What are occupancy services? the management of facilities?
102–74.25 What responsibilities do 102–74.160 What actions must Federal
Litigation Expenses Executive agencies have regarding agencies take to promote energy
occupancy services? conservation?
§ 102–73.300 Are Federal agencies 102–74.30 What standard in providing
required to pay for litigation expenses 102–74.165 What energy standards must
occupancy services must Executive Federal agencies follow for existing
incurred by a property owner because of a agencies follow?
condemnation proceeding? facilities?
102–74.35 What building services must
102–74.170 May exceptions to the energy
Federal agencies must pay reasonable Executive agencies provide?
conservation policies in this subpart be
expenses for attorneys, appraisals, and Concession Services granted?
engineering fees that a property owner 102–74.175 Are Government-leased
102–74.40 What are concession services?
incurs because of a condemnation 102–74.45 When must Federal agencies buildings required to conform with the
proceeding, if any of the following are provide concession services? policies in this subpart?
true: 102–74.50 Are Federal agencies required to 102–74.180 What illumination levels must
(a) The court’s final judgment is that give blind vendors priority in operating Federal agencies maintain on Federal
the Federal agency cannot acquire the vending facilities? facilities?
real property by condemnation. 102–74.55 Are vending facilities authorized 102–74.185 What heating and cooling
under the Randolph-Sheppard Act policy must Federal agencies follow in
(b) The Federal agency abandons the
operated by permit or contract? Federal facilities?
condemnation proceeding other than 102–74.190 Are portable heaters, fans, and
102–74.60 Are Federal agencies required to
under an agreed-on settlement. give blind vendors priority in operating other such devices allowed in
(c) The court renders a judgment in cafeterias? Government-controlled facilities?
the property owner’s favor in an inverse 102–74.65 Are cafeterias authorized under 102–74.195 What ventilation policy must
condemnation proceeding or the Federal the Randolph-Sheppard Act operated by Federal agencies follow?
agency agrees to settle such proceeding. permit or contract? 102–74.200 What information are Federal
102–74.70 Are commercial vendors and agencies required to report to the
Relocation Assistance Policy nonprofit organizations required to Department of Energy (DOE)?
operate vending facilities by permit or
§ 102–73.305 What relocation assistance Ridesharing
contractual arrangement?
policy must Federal agencies follow? 102–74.205 What Federal facility
102–74.75 May Federal agencies sell
Federal agencies, upon approval from tobacco products in vending machines in ridesharing policy must Executive
GSA, must provide appropriate Government-owned and leased space? agencies follow?
102–74.210 What steps must Executive 102–74.330 Who must evaluate the need to Dogs and Other Animals
agencies take to promote ridesharing at restrict smoking at doorways and in 102–74.425 What is the policy concerning
Federal facilities? courtyards? dogs and other animals on Federal
102–74.215 [Reserved] 102–74.335 Who is responsible for property?
102–74.220 [Reserved] monitoring and controlling areas
102–74.225 [Reserved] designated for smoking and identifying Breastfeeding
these areas with proper signage? 102–74.426 May a woman breastfeed her
Occupant Emergency Program 102–74.340 Who is responsible for signs on child in a Federal building or on Federal
102–74.230 Who is responsible for or near building entrance doors? property?
establishing an occupant emergency 102–74.345 Does the smoking policy in this
program? part apply to the judicial branch? Vehicular and Pedestrian Traffic
102–74.235 Are occupant agencies required 102–74.350 Are agencies required to meet 102–74.430 What is the policy concerning
to cooperate with the Designated Official their obligations under the Federal vehicular and pedestrian traffic on
in the implementation of the emergency Service Labor-Management Relations Act Federal property?
plans and the staffing of the emergency where there is an exclusive
organization? representative for the employees prior to Explosives
102–74.240 What are Federal agencies’ implementing this smoking policy? 102–74.435 What is the policy concerning
occupant emergency responsibilities? explosives on Federal property?
102–74.245 Who makes the decision to Accident and Fire Prevention
activate the Occupant Emergency 102–74.355 With what accident and fire Weapons
Organization? prevention standards must Federal 102–74.440 What is the policy concerning
102–74.250 What information must the facilities comply? weapons on Federal property?
Designated Official use to make a 102–74.360 What are the specific accident
decision to activate the Occupant and fire prevention responsibilities of Nondiscrimination
Emergency Organization? occupant agencies? 102–74.445 What is the policy concerning
102–74.255 How must occupant evacuation Subpart C—Conduct on Federal Property discrimination on Federal property?
or relocation be accomplished when
there is immediate danger to persons or Applicability Penalties
property, such as fire, explosion, or the 102–74.365 To whom does this subpart 102–74.450 What are the penalties for
discovery of an explosive device (not apply? violating any rule or regulation in this
including a bomb threat)? subpart?
102–74.260 What action must the Inspection
Impact on Other Laws or Regulations
Designated Official initiate when there is 102–74.370 What items are subject to
advance notice of an emergency? inspection by Federal agencies? 102–74.455 What impact do the rules and
regulations in this subpart have on other
Parking Facilities Admission to Property laws or regulations?
102–74.265 Who must provide for the 102–74.375 What is the policy on admitting Subpart D—Occasional Use of Public
regulation and policing of parking persons to Government property? Buildings
facilities?
102–74.270 Are vehicles required to display Preservation of Property 102–74.460 What is the scope of this
parking permits in parking facilities? 102–74.380 What is the policy concerning subpart?
102–74.275 May Federal agencies authorize the preservation of property?
Application for Permit
lessors or parking management
Conformity With Signs and Directions 102–74.465 Is a person or organization that
contractors to manage, regulate, and
police parking facilities? 102–74.385 What is the policy concerning wishes to use a public area required to
102–74.280 Are privately owned vehicles conformity with official signs and apply for a permit from a Federal
converted for propane carburetion directions? agency?
permitted in underground parking 102–74.470 What information must persons
Disturbances
facilities? or organizations submit so that Federal
102–74.285 How must Federal agencies 102–74.390 What is the policy concerning agencies may consider their application
assign priority to parking spaces in disturbances? for a permit?
controlled areas? Gambling 102–74.475 If an applicant proposes to use
102–74.290 May Federal agencies allow a public area to solicit funds, is the
102–74.395 What is the policy concerning applicant required to make a
employees to use parking spaces not
gambling? certification?
required for official needs?
102–74.295 Who determines the number of Narcotics and Other Drugs Permits
employee parking spaces for each 102–74.400 What is the policy concerning
facility? 102–74.480 How many days does a Federal
the possession and use of narcotics and agency have to issue a permit following
102–74.300 How must space available for other drugs?
employee parking be allocated among receipt of a completed application?
occupant agencies? Alcoholic Beverages 102–74.485 Is there any limitation on the
102–74.305 How must Federal agencies 102–74.405 What is the policy concerning length of time of a permit?
assign available parking spaces to their the use of alcoholic beverages? 102–74.490 What if more than one permit is
employees? requested for the same area and time?
102–74.310 What measures must Federal Soliciting, Vending and Debt Collection 102–74.495 If a permit involves
agencies take to improve the utilization 102–74.410 What is the policy concerning demonstrations or activities that may
of parking facilities? soliciting, vending and debt collection? lead to civil disturbances, what action
must a Federal agency take before
Smoking Posting and Distributing Materials approving such a permit application?
102–74.315 What is the smoking policy for 102–74.415 What is the policy for posting
Federal facilities? Disapproval of Applications or Cancellation
and distributing materials?
102–74.320 Are there any exceptions to this of Permits
smoking policy for Federal facilities? Photographs for News, Advertising or 102–74.500 Can Federal agencies
102–74.325 Who has the responsibility to Commercial Purposes disapprove permit applications or cancel
determine which areas are to be smoking 102–74.420 What is the policy concerning issued permits?
and which areas are to be nonsmoking photographs for news, advertising or 102–74.505 What action must Federal
areas? commercial purposes? agencies take after disapproving an
application or canceling an issued Authority: 40 U.S.C. 121(c); Executive § 102–74.25 What responsibilities do
permit? Order 12191, 45 FR 7997, 3 CFR, 1980 Executive agencies have regarding
Comp., p 138. occupancy services?
Appeals
102–74.510 How may the disapproval of a
Executive agencies, upon approval
permit application or cancellation of an from GSA, must manage, administer and
issued permit be appealed? § 102–74.5 What is the scope of this part? enforce the requirements of agreements
102–74.515 Will the affected person or The real property policies contained (such as Memoranda of Understanding)
organization and the Federal agency in this part apply to Federal agencies, and contracts that provide for the
buildings manager have an opportunity including the GSA’s Public Buildings delivery of occupancy services.
to state their positions on the issues?
102–74.520 How much time does the Service (PBS), operating under, or § 102–74.30 What standard in providing
Regional Officer have to affirm or reverse subject to, the authorities of the occupancy services must Executive
the Federal agency buildings manager’s Administrator of General Services. agencies follow?
decision after receiving the notification Executive agencies must provide
of appeal from the affected person or § 102–74.10 What is the basic facility
organization? management policy? occupancy services that substantially
Executive agencies must manage, conform to nationally recognized
Schedule of Use standards. As needed, Executive
operate and maintain Government-
102–74.525 May Federal agencies reserve owned and leased buildings in a manner agencies may adopt other standards for
time periods for the use of public areas that provides for quality space and buildings and services in Federally
for official Government business or for controlled facilities to conform to
maintenance, repair, and construction? services consistent with their
operational needs and accomplishes statutory requirements and to
Hours of Use overall Government objectives. The implement cost-reduction efforts.
102–74.530 When may public areas be management, operation and § 102–74.35 What building services must
used? maintenance of buildings and building Executive agencies provide?
Services and Costs systems must—
(a) Be cost effective and energy Executive agencies, upon approval
102–74.535 What items may Federal from GSA, must provide—
agencies provide to permittees free of efficient;
(b) Be adequate to meet the agencies’ (a) Building services such as
charge? custodial, solid waste management
102–74.540 What are the items for which missions;
permittees must reimburse Federal (c) Meet nationally recognized (including recycling), heating and
agencies? standards; and cooling, landscaping and grounds
102–74.545 May permittees make (d) Be at an appropriate level to maintenance, tenant alterations, minor
alterations to the public areas? maintain and preserve the physical repairs, building maintenance,
102–74.550 What items are permittees plant assets, consistent with available integrated pest management, signage,
responsible for furnishing? funding. parking, and snow removal, at
Conduct appropriate levels to support Federal
102–74.555 What rules of conduct must all
Subpart B—Facility Management agency missions; and
permittees observe while on Federal (b) Arrangements for raising and
§ 102–74.15 What are the facility
property? management responsibilities of occupant
lowering the United States flags at
agencies? appropriate times. In addition, agencies
Non-affiliation With the Government
Occupants of facilities under the must display P.O.W. and M.I.A. flags at
102–74.560 May Federal agencies advise locations specified in 36 U.S.C. 902 on
the public of the presence of any custody and control of Federal agencies
permittees and their non-affiliation with must— P.O.W./M.I.A. flag display days.
the Federal Government? (a) Cooperate to the fullest extent with Concession Services
Subpart E—Installing, Repairing, and all pertinent facility procedures and
regulations; § 102–74.40 What are concession
Replacing Sidewalks
(b) Promptly report all crimes and services?
102–74.565 What is the scope of this
subpart? suspicious circumstances occurring on Concession services are any food or
102–74.570 Are State and local Federally controlled property first to the snack services provided by a Randolph-
governments required to fund the cost of regional Federal Protective Service, and Sheppard Act vendor, commercial
installing, repairing, and replacing as appropriate, the local responding law contractor or nonprofit organization (see
sidewalks? enforcement authority; definition in § 102–71.20 of this
102–74.575 How do Federal agencies (c) Provide training to employees chapter), in vending facilities such as—
arrange for work on sidewalks? regarding protection and responses to (a) Vending machines;
102–74.580 Who decides when to replace a emergency situations; and (b) Sundry facilities;
sidewalk?
(d) Make recommendations for (c) Prepackaged facilities;
Subpart F—Telework improving the effectiveness of (d) Snack bars; and
102–74.585 What Federal facility telework protection in Federal facilities. (e) Cafeterias.
policy must Executive agencies follow?
Occupancy Services § 102–74.45 When must Federal agencies
102–74.590 What steps must agencies take
to implement these laws and policies? provide concession services?
§ 102–74.20 What are occupancy
102–74.595 How can agencies obtain services? Federal agencies, upon approval from
guidance, assistance, and oversight GSA, must provide concession services
regarding alternative workplace
Occupancy services are—
(a) Building services (see § 102– where building population supports
arrangements from GSA?
102–74.600 Should Federal agencies utilize 74.35); such services and when the availability
telework centers? (b) Concession services (see § 102– of existing commercial services is
Appendix to Part 102–74—Rules and 74.40); and insufficient to meet Federal agency
Regulations Governing Conduct on (c) Conservation programs (see § 102– needs. Prior to establishing concessions,
Federal Property 74.100). Federal agencies must ensure that—
(a) The proposed concession will be § 102–74.70 Are commercial vendors and must follow the prospectus submission
established and operated in nonprofit organizations required to operate and approval policy identified in this
vending facilities by permit or contractual part and part 102–73 of this chapter.
conformance with applicable policies,
arrangement?
safety, health and sanitation codes,
Commercial vendors and nonprofit § 102–74.115 What standard in providing
laws, regulations, etc., and will not asset services must Executive agencies
organizations must operate vending
contravene the terms of any lease or follow?
facilities, including cafeterias, under a
other contractual arrangement; and contractual arrangement with Federal Executive agencies must provide asset
(b) Sufficient funds are legally agencies. services that maintain continuity of
available to cover all costs for which the Government operations, continue
§ 102–74.75 May Federal agencies sell efficient building operations, extend the
Government may be responsible.
tobacco products in vending machines in
useful life of buildings and related
§ 102–74.50 Are Federal agencies required Government-owned and leased space?
building systems, and provide a quality
to give blind vendors priority in operating No. Section 636 of Public Law 104– workplace environment that enhances
vending facilities? 52 prohibits the sale of tobacco products employee productivity.
in vending machines in Government-
With certain exceptions, the owned and leased space. The § 102–74.120 Is a prospectus required to
Randolph-Sheppard Act (20 U.S.C. 107 Administrator of GSA or the head of an be submitted before emergency alterations
et seq.) requires that blind persons Agency may designate areas not subject can be performed?
licensed by a State licensing agency to the prohibition, if minors are No. A prospectus does not need to be
under the provisions of the Randolph- prohibited and reports are made to the submitted before emergency alterations
Sheppard Act be authorized to operate appropriate committees of Congress. are performed, but GSA must submit a
vending facilities on Federal property, prospectus as soon as possible after the
including leased buildings. The § 102–74.80 [Reserved]
emergency. Federal agencies must
Department of Education (ED) is § 102–74.85 [Reserved] immediately alter a building if the
responsible for the administration of the alteration protects people, buildings, or
Randolph-Sheppard Act as set forth at § 102–74.90 [Reserved] equipment, saves lives, and/or avoids
34 CFR part 395. The ED designates § 102–74.95 [Reserved] further property damage. Federal
individual State licensing agencies with agencies can take these actions in an
program administration responsibility. Conservation Programs emergency before GSA submits a
The Randolph-Sheppard Act and its § 102–74.100 What are conservation prospectus on the alterations to the
implementing regulations require that programs? Senate Committee on Environment and
Federal property managers give priority Conservation programs are programs Public Works and the House Committee
to and notify the State licensing that improve energy and water on Transportation and Infrastructure.
agencies in writing of any opportunity. efficiency and promote the use of solar § 102–74.125 Are prospectuses required
and other renewable energy. These for reimbursable alteration projects?
§ 102–74.55 Are vending facilities programs must promote and maintain
authorized under the Randolph-Sheppard A project that is to be financed in
an effective source reduction activity whole or in part from funds
Act operated by permit or contract?
(reducing consumption of resources appropriated to the requesting agency
Vending facilities are authorized by such as energy, water, and paper), may be performed without a prospectus
permit. As set forth in 34 CFR part 395, resource recovery activity (obtaining if—
the Federal property manager approves materials from the waste stream that can (a) Payment is made from agency
and signs State licensing agency permits be recycled into new products), and appropriations that are not subject to 40
that authorize States to license blind reuse activity (reusing same product U.S.C. 3307; and
vendors to operate vending facilities before disposition, such as reusing (b) GSA’s portion of the cost, if any,
(including vending machines) on unneeded memos for scratch paper). does not exceed the prospectus
Federal property. Asset Services threshold.
§ 102–74.60 Are Federal agencies required § 102–74.105 What are asset services? § 102–74.130 When a prospectus is
to give blind vendors priority in operating required, can GSA prepare a prospectus for
Asset services include repairs (other a reimbursable alteration project?
cafeterias? than those minor repairs identified in
Yes, if requested by a Federal agency,
Yes. Federal agencies are required to § 102–74.35(a)), alterations and
GSA will prepare a prospectus for a
give Randolph-Sheppard vendors modernizations for real property assets.
reimbursable alteration project.
priority in the operation of cafeterias Typically, these are the types of repairs
when the State licensing agency is in and alterations necessary to preserve or § 102–74.135 Who selects construction
the competitive range as set forth at 34 enhance the value of the real property and alteration projects that are to be
asset. performed?
CFR part 395.
The Administrator of General Services
§ 102–74.110 What asset services must
§ 102–74.65 Are cafeterias authorized Executive agencies provide?
selects construction and alteration
under the Randolph-Sheppard Act operated projects to be performed.
by permit or contract?
Executive agencies, upon approval
from GSA, must provide asset services § 102–74.140 On what basis does the
They are operated by contract. As set such as repairs (in addition to those Administrator select construction and
forth at 34 CFR part 395, the Federal minor repairs identified in § 102– alteration projects?
property manager contracts with the 74.35(a)), alterations, and The Administrator selects projects
State licensing agency to license blind modernizations for real property assets. based on a continuing investigation and
vendors to operate cafeterias on Federal For repairs and alterations projects for survey of the public building needs of
property. which the estimated cost exceeds the the Federal Government. These projects
prospectus threshold, Federal agencies must be equitably distributed
throughout the United States, with due § 102–74.170 May exceptions to the energy to a suitable level for the beginning of
consideration given to each project’s conservation policies in this subpart be working hours;
comparative urgency. granted? (e) Not permit reheating,
Yes, the Federal agency buildings humidification and simultaneous
§ 102–74.145 What information must a manager may grant exceptions to the heating and cooling; and
Federal agency submit to GSA after the foregoing policies in this subpart to (f) Operate building systems as
agency has identified a need for
enable agencies to accomplish their necessary during extreme weather
construction or alteration of a public
building? missions more effectively and conditions to protect the physical
efficiently. condition of the building.
Federal agencies identifying a need
for construction or alteration of a public § 102–74.175 Are Government-leased § 102–74.190 Are portable heaters, fans
building must provide information, buildings required to conform with the and other such devices allowed in
policies in this subpart? Government-controlled facilities?
such as a description of the work,
location, estimated maximum cost, and Yes, all new lease contracts must be Federal agencies are prohibited from
justification to the Administrator of in conformance with the policies operating portable heaters, fans, and
General Services. prescribed in this subpart. Federal other such devices in Government-
agencies must administer existing lease controlled facilities unless authorized
§ 102–74.150 Who submits prospectuses contracts in accordance with these by the Federal agency buildings
for the construction or alteration of public policies to the maximum extent feasible. manager.
buildings to the Congressional
committees? § 102–74.180 What illumination levels § 102–74.195 What ventilation policy must
must Federal agencies maintain on Federal Federal agencies follow?
The Administrator of General Services
facilities? During working hours in periods of
must submit prospectuses for public
Except where special circumstances heating and cooling, Federal agencies
building construction or alteration
exist, Federal agencies must maintain must provide ventilation in accordance
projects to the Senate Committee on
illumination levels at— with ASHRAE Standard 62, Ventilation
Environment and Public Works and the
(a) 50 foot-candles at work station for Acceptable Indoor Air Quality,
House Committee on Transportation
surfaces, measured at a height of 30 where physically practical. Where not
and Infrastructure for approval.
inches above floor level, during working physically practical, Federal agencies
Energy Conservation hours (for visually difficult or critical must provide the maximum allowable
tasks, additional lighting may be amount of ventilation during periods of
§ 102–74.155 What energy conservation heating and cooling and pursue
policy must Federal agencies follow in the authorized by the Federal agency
management of facilities? buildings manager); opportunities to increase ventilation up
(b) 30 foot-candles in work areas to current standards. ASHRAE Standard
Federal agencies must— during working hours, measured at 30 62 is available from ASHRAE
(a) Comply with the energy inches above floor level; Publications Sales, 1791 Tullie Circle
conservation guidelines in 10 CFR part (c) 10 foot-candles, but not less than NE, Atlanta, GA 30329–2305.
436 (Federal Energy Management and 1 foot-candle, in non-work areas, during
§ 102–74.200 What information are Federal
Planning Programs); and working hours (normally this will agencies required to report to the
(b) Observe the energy conservation require levels of 5 foot-candles at Department of Energy (DOE)?
policies cited in this part. elevator boarding areas, minimum of 1
Federal agencies, upon approval of
foot-candle at the middle of corridors
§ 102–74.160 What actions must Federal GSA, must report to the DOE the energy
and stairwells as measured at the
agencies take to promote energy consumption in buildings, facilities,
walking surface, 1 foot-candle at the
conservation? vehicles, and equipment within 45
middle of corridors and stairwells as
calendar days after the end of each
Federal agencies must— measured at the walking surface, and 10
quarter as specified in the DOE Federal
(a) Turn off lights and equipment foot-candles in storage areas); and
Energy Usage Report DOE F 6200.2
when not needed; (d) Levels essential for safety and
Instructions.
(b) Not block or impede ventilation; security purposes, including exit signs
and and exterior lights. Ridesharing
(c) Keep windows and other building § 102–74.185 What heating and cooling § 102–74.205 What Federal facility
accesses closed during the heating and policy must Federal agencies follow in ridesharing policy must Executive agencies
cooling seasons. Federal facilities? follow?
Within the limitations of the building (a) In accordance with Executive
§ 102–74.165 What energy standards must systems, Federal agencies must— Order 12191, ‘‘Federal Facility
Federal agencies follow for existing Ridesharing Program’’ (3 CFR, 1980
(a) Operate heating and cooling
facilities?
systems in the most overall energy Comp., p. 138), Executive agencies must
Existing Federal facilities must meet efficient and economical manner; actively promote the use of ridesharing
the energy standards prescribed by the (b) Maintain temperatures to (carpools, vanpools, privately leased
American Society of Heating, maximize customer satisfaction by buses, public transportation, and other
Refrigerating, and Air Conditioning conforming to local commercial multi-occupancy modes of travel) by
Engineers and the Illuminating equivalent temperature levels and personnel working at Federal facilities
Engineering Society of North American operating practices; to conserve energy, reduce congestion,
in ASHRAE/IES Standard 90A–1980, as (c) Set heating temperatures no higher improve air quality, and provide an
amended by the Department of Energy. than 55 degrees Fahrenheit during non- economical way for Federal employees
Federal agencies must apply these working hours; to commute to work.
energy standards where they can be (d) Not provide air-conditioning (b) In accordance with the Federal
achieved through life cycle, cost during non-working hours, except as Employees Clean Air Incentives Act
effective actions. necessary to return space temperatures (Public Law 103–172), the Federal
Government is required to take steps to § 102–74.215 [Reserved] and must initiate action to cope with
improve the air quality, and to reduce emergencies in accordance with the
§ 102–74.220 [Reserved]
traffic congestion by providing for the plans.
establishment of programs that § 102–74.225 [Reserved]
§ 102–74.250 What information must the
encourage Federal employees to Occupant Emergency Program Designated Official use to make a decision
commute to work by means other than to activate the Occupant Emergency
single-occupancy motor vehicles. § 102–74.230 Who is responsible for Organization?
establishing an occupant emergency
(c) In accordance with the program? The Designated Official must make a
Transportation Equity Act for the 21st decision to activate the Occupant
The Designated Official (as defined in
Century (Public Law 105–178), Emergency Organization based upon the
§ 102–71.20 of this chapter) is
employers, including the Federal best available information, including—
responsible for developing,
Government, are to offer employees implementing and maintaining an (a) An understanding of local
transportation fringe benefits. Occupant Emergency Plan (as defined in tensions;
§ 102–71.20 of this chapter). The (b) The sensitivity of target
§ 102–74.210 What steps must Executive
Designated Official’s responsibilities agency(ies);
agencies take to promote ridesharing at
Federal facilities? include establishing, staffing and (c) Previous experience with similar
training an Occupant Emergency situations;
(a) Under Executive Order 12191, Organization with agency employees. (d) Advice from the Federal agency
‘‘Federal Facility Ridesharing Program,’’ Federal agencies, upon approval from buildings manager;
agencies shall— GSA, must assist in the establishment (e) Advice from the appropriate
(1) Establish an annual ridesharing and maintenance of such plans and Federal law enforcement official; and
goal for each facility; and organizations. (f) Advice from Federal, State, and
(2) Cooperate with State and local § 102–74.235 Are occupant agencies
local law enforcement agencies.
ridesharing agencies where such required to cooperate with the Designated § 102–74.255 How must occupant
agencies exist. Official in the implementation of the evacuation or relocation be accomplished
emergency plans and the staffing of the when there is immediate danger to persons
(b) Under the Federal Employees emergency organization? or property, such as fire, explosion or the
Clean Air Incentives Act (Public Law Yes, all occupant agencies of a facility discovery of an explosive device (not
103–172), agencies shall— must fully cooperate with the including a bomb threat)?
(1) Issue transit passes or similar Designated Official in the The Designated Official must initiate
vouchers to exchange for transit passes; implementation of the emergency plans action to evacuate or relocate occupants
(2) Furnish space, facilities, and and the staffing of the emergency in accordance with the plan by
services to bicyclists; organization. sounding the fire alarm system or by
(3) Provide non-monetary incentives § 102–74.240 What are Federal agencies’ other appropriate means when there is
as provided by other provisions of law occupant emergency responsibilities? immediate danger to persons or
Federal agencies, upon approval from property, such as fire, explosion or the
or other authority; and
GSA, must— discovery of an explosive device (not
(4) Submit biennially to GSA (as including a bomb threat).
(a) Provide emergency program policy
directed in House of Representatives
guidance; § 102–74.260 What action must the
Report 103–356, dated November 10, (b) Review plans and organizations Designated Official initiate when there is
1993) a report that covers— annually; advance notice of an emergency?
(i) Agency programs offered under (c) Assist in training of personnel;
(d) Otherwise provide for the proper The Designated Official must initiate
Public law 103–172; appropriate action according to the plan
administration of Occupant Emergency
(ii) Description of each program; when there is advance notice of an
Programs (as defined in § 102–71.20 of
(iii) Extent of employee participation this chapter); emergency.
in, and costs to the Government (e) Solicit the assistance of the lessor Parking Facilities
associated with, each program; in the establishment and
implementation of plans in leased § 102–74.265 Who must provide for the
(iv) Assessment of environmental or regulation and policing of parking facilities?
other benefits realized from these space; and
(f) Assist the Occupant Emergency Federal agencies, upon approval from
programs; and
Organization (as defined in § 102–71.20 GSA, must provide for any necessary
(v) Other matters that may be of this chapter) by providing technical regulation and policing of parking
appropriate under Public Law 103–172. personnel qualified in the operation of facilities, which may include—
(c) In accordance with the utility systems and protective (a) The issuance of traffic rules and
Transportation Equity Act for the 21st equipment. regulations;
Century, agencies may (in lieu of or in § 102–74.245 Who makes the decision to (b) The installation of signs and
combination with other commuter activate the Occupant Emergency markings for traffic control (Signs and
benefits) provide fringe benefits to Organization? markings must conform with the
qualified commuters, at no cost, by The decision to activate the Occupant Manual on Uniform Traffic Control
giving them a monthly pretax payroll Emergency Organization must be made Devices published by the Department of
deduction to support and encourage the by the Designated Official, or by the Transportation);
use of mass transportation systems. designated alternate official. After (c) The issuance of citations for
normal duty hours, the senior Federal parking violations; and
official present must represent the (d) The immobilization or removal of
Designated Official or his/her alternates illegally parked vehicles.
§ 102–74.270 Are vehicles required to However, in major metropolitan areas, § 102–74.310 What measures must Federal
display parking permits in parking Federal agencies may determine that agencies take to improve the utilization of
facilities? allocations by zone would make parking parking facilities?
When the use of parking space is more efficient or equitable, taking into Federal agencies must take all feasible
controlled as in § 102–74.265, all account the priority for official parking measures to improve the utilization of
privately owned vehicles other than set forth in this section. parking facilities, including—
those authorized to use designated (a) The conducting of surveys and
visitor or service areas must display a § 102–74.290 May Federal agencies allow studies;
parking permit. This requirement may employees to use parking spaces not (b) The periodic review of parking
required for official needs?
be waived in parking facilities where space allocations;
the number of available spaces regularly Yes, Federal agencies may allow (c) The dissemination of parking
exceeds the demand for such spaces. employees to use parking spaces not information to occupant agencies;
required for official needs. (d) The implementation of parking
§ 102–74.275 May Federal agencies incentives that promote ridesharing;
authorize lessors or parking management § 102–74.295 Who determines the number
of employee parking spaces for each (e) The use of stack parking practices,
contractors to manage, regulate and police
parking facilities? facility? where appropriate; and
The Federal agency buildings (f) The employment of parking
Yes, Federal agencies, upon approval
manager must determine the total management contractors and
from GSA, may authorize lessors or
number of spaces available for employee concessionaires, where appropriate.
parking management contractors to
manage, regulate and police parking parking. Typically, Federal agencies Smoking
facilities. must make a separate determination for
each parking facility. However, in major § 102–74.315 What is the smoking policy
§ 102–74.280 Are privately owned vehicles metropolitan areas, Federal agencies for Federal facilities?
converted for propane carburetion may determine that allocations by zone Pursuant to Executive Order 13058,
permitted in underground parking facilities? would make parking more efficient or ‘‘Protecting Federal Employees and the
Federal agencies must not permit more equitably available. Public From Exposure to Tobacco
privately owned vehicles converted for Smoke in the Federal Workplace’’ (3
propane carburetion to enter § 102–74.300 How must space available for CFR, 1997 Comp., p. 216), it is the
underground parking facilities unless employee parking be allocated among
policy of the Executive branch to
the owner provides to the occupant occupant agencies?
establish a smoke-free environment for
agency and the Federal agency buildings The Federal agency buildings Federal employees and members of the
manager the installer’s certification that manager must allocate space available public visiting or using Federal
the installation methods and equipment for employee parking among occupant facilities. The smoking of tobacco
comply with National Fire Protection agencies on an equitable basis, such as products is prohibited in all interior
Association (NFPA) Standard No. 58. by allocating such parking in proportion
space owned, rented or leased by the
to each agency’s share of building space,
§ 102–74.285 How must Federal agencies Executive branch of the Federal
office space or total employee
assign priority to parking spaces in Government, and in any outdoor areas
population, as appropriate. In certain
controlled areas? under Executive branch control in front
cases, Federal agencies may allow a
Federal agencies must reserve official of air intake ducts.
third party, such as a board composed
parking spaces, in the following order of of representatives of agencies sharing § 102–74.320 Are there any exceptions to
priority, for— space, to determine proper parking this smoking policy for Federal facilities?
(a) Official postal vehicles at allocations among the occupant
buildings containing the U.S. Postal Yes, this smoking policy does not
agencies. apply in—
Service’s mailing operations;
(b) Federally owned vehicles used to § 102–74.305 How must Federal agencies
(a) Designated smoking areas that are
apprehend criminals, fight fires and assign available parking spaces to their enclosed and exhausted directly to the
handle other emergencies; employees? outside and away from air intake ducts,
(c) Private vehicles owned by Federal agencies must assign available and are maintained under negative
Members of Congress (but not their parking spaces to their employees using pressure (with respect to surrounding
staffs); the following order of priority: spaces) sufficient to contain tobacco
(d) Private vehicles owned by Federal (a) Severely disabled employees (see smoke within the designated area.
judges (appointed under Article III of definition in § 102–71.20 of this Agency officials must not require
the Constitution), which may be parked chapter). workers to enter such areas during
in those spaces assigned for the use of (b) Executive personnel and persons business hours while smoking is
the Court, with priority for them set by who work unusual hours. ongoing;
the Administrative Office of the U.S. (c) Vanpool/carpool vehicles. (b) Any residential accommodation
Courts; (d) Privately owned vehicles of for persons voluntarily or involuntarily
(e) Other Federally owned and leased occupant agency employees that are residing, on a temporary or long-term
vehicles, including those in motor pools regularly used for Government business basis, in a building owned, leased or
or assigned for general use; at least 12 days per month and that rented by the Federal Government;
(f) Service vehicles, vehicles used in qualify for reimbursement of mileage (c) Portions of Federally owned
child care center operations, and and travel expenses under Government buildings leased, rented or otherwise
vehicles of patrons and visitors (Federal travel regulations. provided in their entirety to non-Federal
agencies must allocate parking for (e) Other privately owned vehicles of parties;
disabled visitors whenever an agency’s employees, on a space-available basis. (d) Places of employment in the
mission requires visitor parking); and (In locations where parking allocations private sector or in other non-Federal
(g) Private vehicles owned by are made on a zonal basis, GSA and governmental units that serve as the
employees, using spaces not needed for affected agencies may cooperate to issue permanent or intermittent duty station
official business. additional rules, as appropriate.) of one or more Federal employees; and
(e) Instances where an agency head in buildings controlled by the Executive periodic inspections in accordance with
establishes limited and narrow branch. Furthermore, the Federal Chief Executive Order 12196 and 29 CFR part
exceptions that are necessary to Judge in a local jurisdiction may be 1960;
accomplish agency missions. Such deemed to be comparable to an agency (j) Immediately report accidents
exceptions must be in writing, approved head and may establish exceptions for involving personal injury or property
by the agency head, and to the fullest Federal jurors and others as indicated in damage, which result from building
extent possible provide protection of § 102–74.320(e). system or maintenance deficiencies, to
nonsmokers from exposure to the Federal agency building manager;
environmental tobacco smoke. § 102–74.350 Are agencies required to and
meet their obligations under the Federal (k) Appoint a safety, health and fire
Authority to establish such exceptions
Service Labor-Management Relations Act
may not be delegated. where there is an exclusive representative
protection liaison to represent the
for the employees prior to implementing occupant agency with GSA.
§ 102–74.325 Who has the responsibility to
determine which areas are to be smoking this smoking policy?
Subpart C—Conduct on Federal
and which areas are to be nonsmoking Yes. Where there is an exclusive
Property
areas? representative for the employees,
Agency heads have the responsibility Federal agencies must meet their Applicability
to determine which areas are to be obligations under the Federal Service
smoking and which areas are to be Labor-Management Relations Act (5 § 102–74.365 To whom does this subpart
apply?
nonsmoking areas. In exercising this U.S.C. 7101 et seq.) prior to
responsibility, agency heads will give implementing this section. In all other The rules in this subpart apply to all
appropriate consideration to the views cases, agencies may consult directly property under the authority of GSA
of the employees affected and/or their with employees. and to all persons entering in or on such
representatives and are to take into property. Each occupant agency shall be
Accident and Fire Prevention responsible for the observance of these
consideration the health issues
involved. Nothing in this section § 102–74.355 With what accident and fire rules and regulations. Federal agencies
precludes an agency from establishing prevention standards must Federal facilities must post the notice in the Appendix to
more stringent guidelines. Agencies in comply? this part at each public entrance to each
multi-tenant buildings are encouraged To the maximum extent feasible, Federal facility.
to work together to identify designated Federal agencies must manage facilities Inspection
smoking areas. in accordance with the accident and fire
prevention requirements identified in § 102–74.370 What items are subject to
§ 102–74.330 Who must evaluate the need inspection by Federal agencies?
to restrict smoking at doorways and in § 102–80.80 of this chapter.
courtyards? Federal agencies may, at their
§ 102–74.360 What are the specific discretion, inspect packages, briefcases
Agency heads must evaluate the need accident and fire prevention responsibilities and other containers in the immediate
to restrict smoking at doorways and in of occupant agencies?
possession of visitors, employees or
courtyards under Executive branch Each occupant agency must— other persons arriving on, working at,
control to protect workers and visitors (a) Participate in at least one fire drill visiting, or departing from Federal
from environmental tobacco smoke, and per year; property. Federal agencies may conduct
may restrict smoking in these areas in (b) Maintain a neat and orderly
a full search of a person and the vehicle
light of this evaluation. facility to minimize the risk of
the person is driving or occupying upon
accidental injuries and fires;
§ 102–74.335 Who is responsible for his or her arrest.
(c) Keep all exits, accesses to exits and
monitoring and controlling areas
designated for smoking and for identifying
accesses to emergency equipment clear Admission to Property
these areas with proper signage? at all times;
(d) Not bring hazardous, explosive or § 102–74.375 What is the policy on
Agency heads are responsible for admitting persons to Government property?
combustible materials into buildings
monitoring and controlling areas Federal agencies must—
unless authorized by appropriate agency
designated for smoking and identifying (a) Except as otherwise permitted,
officials and by GSA and unless
these areas with proper signage. close property to the public during other
protective arrangements determined
Suitable uniform signs reading than normal working hours. In those
necessary by GSA have been provided;
‘‘Designated Smoking Area’’ must be (e) Use only draperies, curtains or instances where a Federal agency has
furnished and installed by the occupant other hanging materials that are made of approved the after-normal-working-
agency. non-combustible or flame-resistant hours use of buildings or portions
§ 102–74.340 Who is responsible for signs fabric; thereof for activities authorized by
on or near building entrance doors? (f) Use only freestanding partitions subpart D of this part, Federal agencies
Federal agency buildings managers and space dividers that are limited must not close the property (or affected
must furnish and install suitable, combustible, and fabric coverings that portions thereof) to the public;
uniform signs reading ‘‘No Smoking are flame resistant; (b) Close property to the public during
Except in Designated Areas’’ on or near (g) Cooperate with GSA to develop working hours only when situations
entrance doors of buildings subject to and maintain fire prevention programs require this action to provide for the
this section. It is not necessary to that provide the maximum safety for the orderly conduct of Government
display a sign in every room of each occupants; business. The designated official under
building. (h) Train employees to use protective the Occupant Emergency Program may
equipment and educate employees to make such decision only after
§ 102–74.345 Does the smoking policy in take appropriate fire safety precautions consultation with the buildings manager
this part apply to the Judicial branch? in their work; and the highest ranking representative
This smoking policy applies to the (i) Keep facilities in the safest of the law enforcement organization
Judicial branch when it occupies space condition practicable, and conduct responsible for protection of the
property or the area. The designated provided on the property in a timely Soliciting, Vending and Debt Collection
official is defined in § 102–71.20 of this manner.
chapter as the highest ranking official of § 102–74.410 What is the policy
Gambling concerning soliciting, vending and debt
the primary occupant agency, or the collection?
alternate highest ranking official or § 102–74.395 What is the policy
All persons entering in or on Federal
designee selected by mutual agreement concerning gambling?
property are prohibited from soliciting
by other occupant agency officials; and (a) Except for the vending or exchange
(c) When property or a portion thereof alms (including money and non-
of chances by licensed blind operators monetary items) or commercial or
is closed to the public, restrict of vending facilities for any lottery set
admission to the property, or the political donations, vending
forth in a State law and authorized by merchandise of all kinds, displaying or
affected portion, to authorized persons section 2(a)(5) of the Randolph-
who must register upon entry to the distributing commercial advertising, or
Sheppard Act (20 U.S.C. 107 et seq.), all collecting private debts, except for—
property and must, when requested, persons entering in or on Federal (a) National or local drives for funds
display Government or other identifying property are prohibited from— for welfare, health or other purposes as
credentials to Federal police officers or (1) Participating in games for money authorized by 5 CFR part 950, entitled
other authorized individuals when or other personal property; ‘‘Solicitation Of Federal Civilian And
entering, leaving or while on the (2) Operating gambling devices; Uniformed Service Personnel For
property. Failure to comply with any of (3) Conducting a lottery or pool; or Contributions To Private Voluntary
the applicable provisions is a violation (4) Selling or purchasing numbers Organizations,’’ and sponsored or
of these regulations. tickets. approved by the occupant agencies;
Preservation of Property (b) This provision is not intended to (b) Concessions or personal notices
prohibit prize drawings for personal posted by employees on authorized
§ 102–74.380 What is the policy property at otherwise permitted bulletin boards;
concerning the preservation of property? functions on Federal property, provided (c) Solicitation of labor organization
All persons entering in or on Federal that the game or drawing does not membership or dues authorized by
property are prohibited from— constitute gambling per se. Gambling occupant agencies under the Civil
(a) Improperly disposing of rubbish per se means a game of chance where Service Reform Act of 1978 (Pub. L. 95–
on property; the participant risks something of value 454);
(b) Willfully destroying or damaging for the chance to gain or win a prize. (d) Lessee, or its agents and
property; Narcotics and Other Drugs employees, with respect to space leased
(c) Stealing property; for commercial, cultural, educational, or
(d) Creating any hazard on property to § 102–74.400 What is the policy recreational use under 40 U.S.C. 581(h).
persons or things; or concerning the possession and use of Public areas of GSA-controlled property
(e) Throwing articles of any kind from narcotics and other drugs? may be used for other activities in
or at a building or climbing upon Except in cases where the drug is accordance with subpart D of this part;
statues, fountains or any part of the being used as prescribed for a patient by (e) Collection of non-monetary items
building. a licensed physician, all persons that are sponsored or approved by the
Conformity With Signs and Directions entering in or on Federal property are occupant agencies; and
prohibited from— (f) Commercial activities sponsored by
§ 102–74.385 What is the policy (a) Being under the influence, using or recognized Federal employee
concerning conformity with official signs possessing any narcotic drugs, associations and on-site child care
and directions? hallucinogens, marijuana, barbiturates, centers.
Persons in and on property must at all or amphetamines; or
times comply with official signs of a (b) Operating a motor vehicle on the Posting and Distributing Materials
prohibitory, regulatory or directory property while under the influence of § 102–74.415 What is the policy for posting
nature and with the lawful direction of alcoholic beverages, narcotic drugs, and distributing materials?
Federal police officers and other hallucinogens, marijuana, barbiturates, All persons entering in or on Federal
authorized individuals. or amphetamines. property are prohibited from—
Disturbances Alcoholic Beverages (a) Distributing free samples of
tobacco products in or around Federal
§ 102–74.390 What is the policy § 102–74.405 What is the policy buildings, as mandated by Section 636
concerning disturbances? concerning the use of alcoholic beverages? of Public Law 104–52;
All persons entering in or on Federal Except where the head of the (b) Posting or affixing materials, such
property are prohibited from loitering, responsible agency or his or her as pamphlets, handbills, or flyers, on
exhibiting disorderly conduct or designee has granted an exemption in bulletin boards or elsewhere on GSA-
exhibiting other conduct on property writing for the appropriate official use controlled property, except as
that— of alcoholic beverages, all persons authorized in § 102–74.410, or when
(a) Creates loud or unusual noise or a entering in or on Federal property are these displays are conducted as part of
nuisance; prohibited from being under the authorized Government activities; and
(b) Unreasonably obstructs the usual influence or using alcoholic beverages. (c) Distributing materials, such as
use of entrances, foyers, lobbies, The head of the responsible agency or pamphlets, handbills or flyers, unless
corridors, offices, elevators, stairways, his or her designee must provide a copy conducted as part of authorized
or parking lots; of all exemptions granted to the Government activities. This prohibition
(c) Otherwise impedes or disrupts the buildings manager and the highest does not apply to public areas of the
performance of official duties by ranking representative of the law property as defined in § 102–71.20 of
Government employees; or enforcement organization, or other this chapter. However, any person or
(d) Prevents the general public from authorized officials, responsible for the organization proposing to distribute
obtaining the administrative services security of the property. materials in a public area under this
section must first obtain a permit from (c) Must comply with all posted traffic Penalties
the building manager as specified in signs;
§ 102–74.450 What are the penalties for
subpart D of this part. Any such person (d) Must comply with any additional violating any rule or regulation in this
or organization must distribute posted traffic directives approved by the subpart?
materials only in accordance with the GSA Regional Administrator, which A person found guilty of violating any
provisions of subpart D of this part.
will have the same force and effect as rule or regulation in this subpart while
Failure to comply with those provisions
these regulations; on any property under the charge and
is a violation of these regulations.
(e) Are prohibited from blocking control of GSA shall be fined under title
Photographs for News, Advertising or entrances, driveways, walks, loading 18 of the United States Code,
Commercial Purposes imprisoned for not more than 30 days,
platforms, or fire hydrants; and
or both.
§ 102–74.420 What is the policy (f) Are prohibited from parking on
concerning photographs for news, Federal property without a permit. Impact on Other Laws or Regulations
advertising or commercial purposes?
Parking without authority, parking in § 102–74.455 What impact do the rules and
Except where security regulations, unauthorized locations or in locations regulations in this subpart have on other
rules, orders, or directives apply or a reserved for other persons, or parking laws or regulations?
Federal court order or rule prohibits it, contrary to the direction of posted signs No rule or regulation in this subpart
persons entering in or on Federal is prohibited. Vehicles parked in may be construed to nullify any other
property may take photographs of— violation, where warning signs are Federal laws or regulations or any State
(a) Space occupied by a tenant agency and local laws and regulations
posted, are subject to removal at the
for non-commercial purposes only with applicable to any area in which the
the permission of the occupying agency owner’s risk and expense. Federal
agencies may take as proof that a motor property is situated (40 U.S.C. 121 (c)).
concerned;
(b) Space occupied by a tenant agency vehicle was parked in violation of these Subpart D—Occasional Use of Public
for commercial purposes only with regulations or directives as prima facie Buildings
written permission of an authorized evidence that the registered owner was
official of the occupying agency responsible for the violation. § 102–74.460 What is the scope of this
subpart?
concerned; and Explosives
(c) Building entrances, lobbies, foyers, This subpart establishes rules and
corridors, or auditoriums for news § 102–74.435 What is the policy regulations for the occasional use of
purposes. concerning explosives on Federal public areas of public buildings for
property? cultural, educational and recreational
Dogs and Other Animals activities as provided by 40 U.S.C.
No person entering or while on 581(h)(2).
§ 102–74.425 What is the policy
Federal property may carry or possess
concerning dogs and other animals on Application for Permit
Federal property? explosives, or items intended to be used
to fabricate an explosive or incendiary § 102–74.465 Is a person or organization
No person may bring dogs or other
device, either openly or concealed, that wishes to use a public area required to
animals on Federal property for other
than official purposes. However, a except for official purposes. apply for a permit from a Federal agency?
disabled person may bring a seeing-eye Yes, any person or organization
Weapons
dog, a guide dog, or other animal wishing to use a public area must file an
assisting or being trained to assist that § 102–74.440 What is the policy application for a permit from the
individual. concerning weapons on Federal property? Federal agency buildings manager.
Breastfeeding Federal law prohibits the possession § 102–74.470 What information must
of firearms or other dangerous weapons persons or organizations submit so that
§ 102–74.426 May a woman breastfeed her in Federal facilities and Federal court Federal agencies may consider their
child in a Federal building or on Federal application for a permit?
facilities by all persons not specifically
property? Applicants must submit the following
authorized by 18 U.S.C. 930. Violators
Yes. Public Law 108–199, Section information:
will be subject to fine and/or (a) Their full names, mailing
629, Division F, Title VI (January 23,
imprisonment for periods up to five (5) addresses, and telephone numbers.
2004), provides that a woman may
years. (b) The organization sponsoring the
breastfeed her child at any location in
a Federal building or on Federal Nondiscrimination proposed activity.
property, if the woman and her child are (c) The individual(s) responsible for
otherwise authorized to be present at § 102–74.445 What is the policy supervising the activity.
the location. concerning discrimination on Federal (d) Documentation showing that the
property? applicant has authority to represent the
Vehicular and Pedestrian Traffic sponsoring organization.
Federal agencies must not (e) A description of the proposed
§ 102–74.430 What is the policy discriminate by segregation or otherwise activity, including the dates and times
concerning vehicular and pedestrian traffic against any person or persons because of
on Federal property? during which it is to be conducted and
race, creed, religion, age, sex, color, the number of persons to be involved.
All vehicle drivers entering or while disability, or national origin in
on Federal property— furnishing or by refusing to furnish to § 102–74.475 If an applicant proposes to
(a) Must drive in a careful and safe such person or persons the use of any use a public area to solicit funds, is the
manner at all times; applicant required to make a certification?
facility of a public nature, including all
(b) Must comply with the signals and services, privileges, accommodations, Yes, if an applicant proposes to use a
directions of Federal police officers or public area to solicit funds, the
and activities provided on the property.
other authorized individuals; applicant must certify, in writing, that—
(a) The applicant is a representative of (c) The proposed use interferes with buildings manager of the decision and
and will be soliciting funds for the sole access to the public area, disrupts the reasons therefor.
benefit of a religion or religious group; official Government business, interferes
Schedule of Use
or with approved uses of the property by
(b) The applicant’s organization has tenants or by the public, or damages any § 102–74.525 May Federal agencies
received an official ruling of tax-exempt property; reserve time periods for the use of public
status from the Internal Revenue Service (d) The proposed use is intended to areas for official Government business or
under 26 U.S.C. 501; or, alternatively, influence or impede any pending for maintenance, repair and construction?
that an application for such a ruling is judicial proceeding; Yes, Federal agencies may reserve
still pending. (e) The proposed use is obscene certain time periods for use of public
within the meaning of obscenity as areas—
Permits
defined in 18 U.S.C. 1461–65; or (a) For official Government business;
§ 102–74.480 How many days does a (f) The proposed use violates the or
Federal agency have to issue a permit prohibition against political (b) For maintenance, repair, and
following receipt of a completed solicitations in 18 U.S.C. 607. construction.
application?
§ 102–74.505 What action must Federal Hours of Use
Federal agencies must issue permits
agencies take after disapproving an
within 10 working days following the § 102–74.530 When may public areas be
application or canceling an issued permit?
receipt of the completed applications, used?
unless the permit is disapproved in Upon disapproving an application or
canceling a permit, Federal agencies Permittees may use public areas
accordance with § 102–74.500. during or after regular working hours of
must promptly—
§ 102–74.485 Is there any limitation on the (a) Notify the applicant or permittee Federal agencies, provided that such
length of time of a permit? of the reasons for the action; and uses will not interfere with Government
Yes, a permit may not be issued for (b) Inform the applicant or permittee business. When public areas are used by
a period of time in excess of 30 calendar of his/her appeal rights under § 102– permittees after normal working hours,
days, unless specifically approved by 74.510. Federal agencies must lock, barricade or
the Regional Officer (as defined in identify by signs, as appropriate, all
Appeals adjacent areas not approved for such use
§ 102–71.20 of this chapter). After the
expiration of a permit, Federal agencies to restrict permittees’ activities to
§ 102–74.510 How may the disapproval of
may issue a new permit upon a permit application or cancellation of an approved areas.
submission of a new application. In issued permit be appealed? Services and Costs
such a case, applicants may incorporate A person or organization may appeal
by reference all required information the disapproval of an application or § 102–74.535 What items may Federal
agencies provide to permittees free of
filed with the prior application. cancellation of an issued permit by charge?
notifying the Regional Officer (as
§ 102–74.490 What if more than one permit
defined in § 102–71.20 of this chapter), Federal agencies may provide to
is requested for the same area and time? permittees at no cost—
in writing, of the intent to appeal within
Federal agencies will issue permits on 5 calendar days of the notification of (a) Space; and
a first-come, first-served, basis when (b) Services normally provided at the
disapproval or cancellation.
more than one permit is requested for building in question during normal
the same area and times. § 102–74.515 Will the affected person or hours of building operation, such as
organization and the Federal agency security, cleaning, heating, ventilation,
§ 102–74.495 If a permit involves buildings manager have an opportunity to and air-conditioning. The Regional
demonstrations or activities that may lead state their positions on the issues?
to civil disturbances, what action must a
Officer must approve an applicant’s
Federal agency take before approving such Yes, during the appeal process, the request to provide its own services, such
a permit application? affected person or organization and the as security and cleaning, prior to permit
Before approving a permit Federal agency buildings manager will approval.
application, Federal agencies must have an opportunity to state their
positions on the issues, both verbally § 102–74.540 What are the items for which
coordinate with their law enforcement permittees must reimburse Federal
organization if a permit involves and in writing.
agencies?
demonstrations or activities that may § 102–74.520 How much time does the Permittees must reimburse Federal
lead to civil disturbances. Regional Officer have to affirm or reverse agencies for services over and above
the Federal agency buildings manager’s those normally provided during normal
Disapproval of Applications or decision after receiving the notification of
Cancellation of Permits business hours. Federal agencies may
appeal from the affected person or
provide the services free of charge if the
organization?
§ 102–74.500 Can Federal agencies cost is insignificant and if it is in the
disapprove permit applications or cancel The Regional Officer must affirm or public interest.
issued permits? reverse the Federal agency buildings
Yes, Federal agencies may disapprove manager’s decision, based on the § 102–74.545 May permittees make
any permit application or cancel an information submitted, within 10 alterations to the public areas?
issued permit if— calendar days of the date on which the Permittees must not make alterations
(a) The applicant has failed to submit Regional Officer received notification of to public areas, except with the prior
all information required under §§ 102– the appeal. If the decision is not written approval of the Federal agency
74.470 and 102–74.475, or has falsified rendered within 10 days, the buildings manager. Federal agencies
such information; application will be considered to be must not approve such alterations
(b) The proposed use is a commercial approved or the permit validly issued. unless the Federal agency determines
activity as defined in § 102–71.20 of this The Regional Officer will promptly that the proposed alterations to a
chapter; notify the applicant or permittee and the building should be made to encourage
and aid in the proposed use. Permittees agencies and owned by the United any space, quarters, buildings, or other
making alterations must ensure the States. facilities for use by employees of any
safety of users and prevent damage to Executive agency, the head of that
property. § 102–74.570 Are State and local agency shall consider whether the need
governments required to fund the cost of
installing, repairing, and replacing
for the facilities can be met using
§ 102–74.550 What items are permittees alternative workplace arrangements.
responsible for furnishing? sidewalks?
Permittees are responsible for No, the Federal Government must § 102–74.590 What steps must agencies
furnishing items such as tickets, audio- fund the cost of installing, repairing, take to implement these laws and policies?
visual equipment, and other items that and replacing sidewalks. Funds (a) As interpreted by OPM
are necessary for the proposed use. appropriated to the agency for Memorandum to agencies (February 9,
installation, repair, and maintenance, 2001), Public Law 106–346 instructs
Conduct generally, must be available for Federal agencies to—
§ 102–74.555 What rules of conduct must expenditure to accomplish the purposes (1) Review telework barriers, act to
all permittees observe while on Federal of this subpart. remove them, and increase actual
property? participation;
§ 102–74.575 How do Federal agencies
Permittees are subject to all rules and arrange for work on sidewalks? (2) Establish eligibility criteria; and
regulations governing conduct on Upon approval from GSA, Federal (3) Subject to any applicable agency
Federal property as set forth in subpart agencies may— policies or bargaining obligations, allow
C of this part. In addition, a permittee (a) Authorize the appropriate State or employees who meet the criteria and
must— local government to install, repair and want to participate the opportunity if
(a) Not misrepresent his or her replace sidewalks, or arrange for this they are satisfactory performers.
identity to the public; work, and reimburse them for this work; (b) 40 U.S.C. 587 requires agencies
(b) Not conduct any activities in a or considering the acquisition of facilities
misleading or fraudulent manner; (b) Contract or otherwise arrange and for use by Federal employees to
(c) Not discriminate on the basis of pay directly for installing, repairing consider whether the facility need can
race, creed, religion, age, color, and/or replacing sidewalks. be met using alternative workplace
disability, sex, or national origin in arrangements, such as telecommuting,
conducting activities; § 102–74.580 Who decides when to replace hoteling, virtual offices, and other
(d) Not distribute any item, nor post a sidewalk? distributive work arrangements. If the
or otherwise affix any item, for which Federal agencies, giving due agency needs assistance in this
prior written approval under § 102– consideration to State and local investigation and/or subsequent
74.415 has not been obtained; standards and specifications for application of alternative workplace
(e) Not leave leaflets or other sidewalks, decide when to install, repair arrangements, GSA will provide
materials unattended on the property; or replace a sidewalk. However, Federal guidance, assistance, and oversight, as
(f) Not engage in activities that would agencies may prescribe other standards needed, regarding establishment and
interfere with the preferences afforded and specifications for sidewalks operation of alternative workplace
blind licensees under the Randolph- whenever necessary to achieve arrangements.
Sheppard Act (20 U.S.C. 107); and architectural harmony and maintain (c) Agencies evaluating alternative
(g) Display identification badges facility security. workplace arrangements should also
while on Federal property, if engaging make these evaluations in coordination
in the solicitation of funds as authorized Subpart F—Telework with Integrated Workplace policies and
by § 102–74.475. Each badge must strategies. See § 102–79.110.
§ 102–74.585 What Federal facility
indicate the permittee’s name, address, telework policy must Executive agencies
telephone number, and organization. § 102–74.595 How can agencies obtain
follow? guidance, assistance, and oversight
Non-affiliation With the Government Executive agencies must follow these regarding alternative workplace
telework policies: arrangements from GSA?
§ 102–74.560 May Federal agencies advise (a) In accordance with Section 359 of
the public of the presence of any permittees Agencies may request assistance from
and their non-affiliation with the Federal
Public Law 106–346, each Executive the GSA/PBS regional office responsible
Government? agency must establish a policy under for providing space in the geographic
which eligible employees of the agency area under consideration.
Yes, Federal agencies reserve the right
may participate in telecommuting to the
to advise the public through signs or § 102–74.600 Should Federal agencies
maximum extent possible without
announcements of the presence of any utilize telework centers?
diminished employee performance.
permittees and of their non-affiliation Yes. In accordance with Public Law
Public 106–346 became effective on
with the Federal Government. 107–217 (August 21, 2002), each of the
October 23, 2000, and required the
Subpart E—Installing, Repairing, and Director of the Office of Personnel following departments and agencies, in
Replacing Sidewalks Management (OPM) to ensure the each fiscal year, must make at least
application and implementation of $50,000 available from amounts
§ 102–74.565 What is the scope of this Section 359 to 25 percent of the Federal provided for salaries and expenses for
subpart? workforce by April 2001, and to an carrying out a flexiplace work
In accordance with 40 U.S.C. 589, additional 25 percent of such workforce telecommuting program (i.e., to pay
Federal agencies must comply with the each year thereafter. Thus, the law telework center program user fees):
real property policies in this subpart provides that its requirements must be (a) Department of Agriculture.
governing the installation, repair and applied to 100 percent of the Federal (b) Department of Commerce.
replacement of sidewalks around workforce by April 2004. (c) Department of Defense.
buildings, installations, properties, or (b) In accordance with 40 U.S.C. 587, (d) Department of Education.
grounds under the control of Executive when considering whether to acquire (e) Department of Energy.
(f) Department of Health and Human property, or the affected portion, to entering in or on Federal property are
Services. authorized persons who must register upon prohibited from being under the influence or
(g) Department of Housing and Urban entry to the property and must, when using alcoholic beverages. The head of the
requested, display Government or other responsible agency or his or her designee
Development. must provide a copy of all exemptions
identifying credentials to Federal police
(h) Department of the Interior. officers or other authorized individuals when granted to the buildings manager and the
(i) Department of Justice. entering, leaving or while on the property. highest ranking representative of the law
(j) Department of Labor. Failure to comply with any of the applicable enforcement organization, or other
(k) Department of State. provisions is a violation of these regulations. authorized officials, responsible for the
(l) Department of Transportation. Preservation of Property (41 CFR 102– security of the property.
(m) Department of the Treasury. 74.380). All persons entering in or on Federal Soliciting, Vending and Debt Collection (41
(n) Department of Veterans Affairs. property are prohibited from— CFR 102–74.410). All persons entering in or
(o) Environmental Protection Agency. (a) Improperly disposing of rubbish on on Federal property are prohibited from
(p) General Services Administration. property; soliciting alms (including money and non-
(b) Willfully destroying or damaging monetary items) or commercial or political
(q) Office of Personnel Management. donations; vending merchandise of all kinds;
(r) Small Business Administration. property;
(c) Stealing property; displaying or distributing commercial
(s) Social Security Administration. (d) Creating any hazard on property to advertising, or collecting private debts,
(t) United States Postal Service. persons or things; and except for—
(e) Throwing articles of any kind from or (a) National or local drives for funds for
Appendix to Part 102–74—Rules and welfare, health or other purposes as
at a building or the climbing upon statues,
Regulations Governing Conduct on authorized by 5 CFR part 950, entitled
fountains or any part of the building.
Federal Property Conformity with Signs and Directions (41 ‘‘Solicitation of Federal Civilian And
Federal Management Regulations CFR 102–74.385). Persons in and on property Uniformed Service Personnel For
must at all times comply with official signs Contributions To Private Voluntary
Title 41, Code of Federal Regulations, Part of a prohibitory, regulatory or directory Organizations,’’ and sponsored or approved
102–74, Subpart C nature and with the lawful direction of by the occupant agencies;
Applicability (41 CFR 102–74.365). The Federal police officers and other authorized (b) Concessions or personal notices posted
rules in this subpart apply to all property individuals. by employees on authorized bulletin boards;
under the authority of the U.S. General Disturbances (41 CFR 102–74.390). All (c) Solicitation of labor organization
Services Administration and to all persons persons entering in or on Federal property membership or dues authorized by occupant
agencies under the Civil Service Reform Act
entering in or on such property. Each are prohibited from loitering, exhibiting
of 1978 (Public Law 95–454);
occupant agency shall be responsible for the disorderly conduct or exhibiting other
(d) Lessee, or its agents and employees,
observance of these rules and regulations. conduct on property that—
with respect to space leased for commercial,
Federal agencies must post the notice in the (a) Creates loud or unusual noise or a
cultural, educational, or recreational use
Appendix to part 102–74 at each public nuisance;
under the Public Buildings Cooperative Use
entrance to each Federal facility. (b) Unreasonably obstructs the usual use of Act of 1976 (40 U.S.C. 581(h)). Public areas
Inspection (41 CFR 102–74.370). Federal entrances, foyers, lobbies, corridors, offices, of GSA-controlled property may be used for
agencies may, at their discretion, inspect elevators, stairways, or parking lots; other activities in accordance with subpart D
packages, briefcases and other containers in (c) Otherwise impedes or disrupts the of this part;
the immediate possession of visitors, performance of official duties by Government (e) Collection of non-monetary items that
employees or other persons arriving on, employees; or are sponsored or approved by the occupant
working at, visiting, or departing from (d) Prevents the general public from agencies; and
Federal property. Federal agencies may obtaining the administrative services (f) Commercial activities sponsored by
conduct a full search of a person and the provided on the property in a timely manner. recognized Federal employee associations
vehicle the person is driving or occupying Gambling (41 CFR 102–74.395). Except for and on-site child care centers.
upon his or her arrest. the vending or exchange of chances by Posting and Distributing Materials (41 CFR
Admission to Property (41 CFR 102– licensed blind operators of vending facilities 102–74.415). All persons entering in or on
74.375). Federal agencies must— for any lottery set forth in a State law and Federal property are prohibited from—
(a) Except as otherwise permitted, close authorized by section 2(a)(5) of the (a) Distributing free samples of tobacco
property to the public during other than Randolph-Sheppard Act (20 U.S.C. 107 et products in or around Federal buildings,
normal working hours. In those instances seq.), all persons entering in or on Federal under Public Law 104–52, Section 636;
where a Federal agency has approved the property are prohibited from— (b) Posting or affixing materials, such as
after-normal-working-hours use of buildings (a) Participating in games for money or pamphlets, handbills, or flyers, on bulletin
or portions thereof for activities authorized other personal property; boards or elsewhere on GSA-controlled
by subpart D of this part, Federal agencies (b) Operating gambling devices; property, except as authorized in § 102–
must not close the property (or affected (c) Conducting a lottery or pool; or 74.410, or when these displays are conducted
portions thereof) to the public; (d) Selling or purchasing numbers tickets. as part of authorized Government activities;
(b) Close property to the public during Narcotics and Other Drugs (41 CFR 102– and
working hours only when situations require 74.400). Except in cases where the drug is (c) Distributing materials, such as
this action to provide for the orderly conduct being used as prescribed for a patient by a pamphlets, handbills, or flyers, unless
of Government business. The designated licensed physician, all persons entering in or conducted as part of authorized Government
official under the Occupant Emergency on Federal property are prohibited from— activities. This prohibition does not apply to
Program may make such decision only after (a) Being under the influence, using or public areas of the property as defined in
consultation with the buildings manager and possessing any narcotic drugs, hallucinogens, § 102–71.20 of this chapter. However, any
the highest ranking representative of the law marijuana, barbiturates, or amphetamines; or person or organization proposing to
enforcement organization responsible for (b) Operating a motor vehicle on the distribute materials in a public area under
protection of the property or the area. The property while under the influence of this section must first obtain a permit from
designated official is defined in § 102–71.20 alcoholic beverages, narcotic drugs, the building manager as specified in subpart
of this chapter as the highest ranking official hallucinogens, marijuana, barbiturates, or D of this part. Any such person or
of the primary occupant agency, or the amphetamines. organization must distribute materials only
alternate highest ranking official or designee Alcoholic Beverages (41 CFR 102–74.405). in accordance with the provisions of subpart
selected by mutual agreement by other Except where the head of the responsible D of this part. Failure to comply with those
occupant agency officials; and agency or his or her designee has granted an provisions is a violation of these regulations.
(c) When property or a portion thereof is exemption in writing for the appropriate Photographs for News, Advertising, or
closed to the public, restrict admission to the official use of alcoholic beverages, all persons Commercial Purposes (41 CFR 102–74.420).
Except where security regulations, rules, or persons because of race, creed, religion, Guidelines
orders, or directives apply or a Federal court age, sex, color, disability, or national origin 102–75.60 What are landholding agencies’
order or rule prohibits it, persons entering in in furnishing or by refusing to furnish to such responsibilities concerning real property
or on Federal property may take photographs person or persons the use of any facility of surveys?
of— a public nature, including all services, 102–75.65 Why is it important for
(a) Space occupied by a tenant agency for privileges, accommodations, and activities Executive agencies to notify the disposal
non-commercial purposes only with the provided on the property. agency of its real property needs?
permission of the occupying agency Penalties (41 CFR 102–74.450). A person 102–75.70 Are their any exceptions to this
concerned; notification policy?
found guilty of violating any rule or
(b) Space occupied by a tenant agency for 102–75.75 What is the most important
regulation in subpart C of this part while on
commercial purposes only with written consideration in evaluating a proposed
permission of an authorized official of the any property under the charge and control of
the U.S. General Services Administration transfer of excess real property?
occupying agency concerned; and 102–75.80 What are an Executive agency’s
(c) Building entrances, lobbies, foyers, shall be fined under title 18 of the United
responsibilities before requesting a
corridors, or auditoriums for news purposes. States Code, imprisoned for not more than 30
transfer of excess real property?
Dogs and Other Animals (41 CFR 102– days, or both. 102–75.85 Can disposal agencies transfer
74.425). No person may bring dogs or other Impact on Other Laws or Regulations (41 excess real property to agencies for
animals on Federal property for other than CFR 102–74.455). No rule or regulation in programs that appear to be scheduled for
official purposes. However, a disabled person this subpart may be construed to nullify any substantial curtailment or termination?
may bring a seeing-eye dog, a guide dog, or other Federal laws or regulations or any State 102–75.90 How is excess real property
other animal assisting or being trained to and local laws and regulations applicable to needed for office, storage, and related
assist that individual. any area in which the property is situated (40 purposes normally transferred to the
Breastfeeding (41 CFR 102–74.426). Public U.S.C. 121 (c)). requesting agency?
Law 108–199, Section 629, Division F, Title 102–75.95 Can Federal agencies that
VI (January 23, 2004), provides that a woman Warning—Weapons Prohibited normally do not require real property
may breastfeed her child at any location in Federal law prohibits the possession of (other than for office, storage, and related
a Federal building or on Federal property, if firearms or other dangerous weapons in purposes) or that may not have statutory
the woman and her child are otherwise Federal facilities and Federal court facilities authority to acquire such property,
authorized to be present at the location. by all persons not specifically authorized by obtain the use of excess real property?
Vehicular and Pedestrian Traffic (41 CFR Title 18, United States Code, Section 930.
102–74.430). All vehicle drivers entering or Land Withdrawn or Reserved From the
Violators will be subject to fine and/or Public Domain
while on Federal property— imprisonment for periods up to five (5) years.
(a) Must drive in a careful and safe manner 102–75.100 When an agency holds land
at all times; ■ 5. Revise part 102–75 to read as withdrawn or reserved from the public
(b) Must comply with the signals and follows: domain and determines that it no longer
directions of Federal police officers or other needs this land, what must it do?
authorized individuals; PART 102–75—REAL PROPERTY 102–75.105 What responsibility does the
(c) Must comply with all posted traffic DISPOSAL Department of the Interior have if it
signs; determines that minerals in the land are
(d) Must comply with any additional Subpart A—General Provisions unsuitable for disposition under the
posted traffic directives approved by the GSA public land mining and mineral leasing
Sec.
Regional Administrator, which will have the laws?
102–76.5 What is the scope of this part?
same force and effect as these regulations; 102–75.10 What basic real property Transfers Under Other Laws
(e) Are prohibited from blocking entrances, disposal policy governs disposal
driveways, walks, loading platforms, or fire 102–75.110 Can transfers of real property be
agencies? made under authority of laws other than
hydrants; and
(f) Are prohibited from parking on Federal Real Property Disposal Services those codified in Title 40 of the United
property without a permit. Parking without States Code?
102–75.15 What real property disposal
authority, parking in unauthorized locations Reporting of Excess Real Property
services must disposal agencies provide
or in locations reserved for other persons, or
under a delegation of authority from 102–75.115 Must reports of excess real
parking contrary to the direction of posted
GSA? property and related personal property
signs is prohibited. Vehicles parked in
102–75.20 How can Federal agencies with be prepared on specific forms?
violation, where warning signs are posted,
independent disposal authority obtain 102–75.120 Is there any other information
are subject to removal at the owner’s risk and that needs to accompany (or be
expense. Federal agencies may take as proof related disposal services?
submitted with) the Report of Excess
that a motor vehicle was parked in violation Subpart B—Utilization of Excess Real Real Property (Standard Form 118)?
of these regulations or directives as prima Property
facie evidence that the registered owner was Title Report
responsible for the violation. 102–75.25 What are landholding agencies’
responsibilities concerning the 102–75.125 What information must
Explosives (41 CFR 102–74.435). No person agencies include in the title report?
entering or while on property may carry or utilization of excess property?
102–75.30 What are disposal agencies’ 102–75.130 If hazardous substance activity
possess explosives, or items intended to be took place on the property, what specific
used to fabricate an explosive or incendiary responsibilities concerning the
information must an agency include on
device, either openly or concealed, except for utilization of excess property?
the title report?
official purposes. 102–75.35 [Reserved]
102–75.135 If no hazardous substance
Weapons (41 CFR 102–74.440). Federal law Standards activity took place on the property, what
prohibits the possession of firearms or other specific information must an agency
dangerous weapons in Federal facilities and 102–75.40 What are the standards that each
include in the title report?
Federal court facilities by all persons not Executive agency must use to identify
specifically authorized by Title 18, United unneeded Federal real property? Other Necessary Information
States Code, Section 930. Violators will be 102–75.45 What does the term ‘‘Not 102–75.140 In addition to the title report,
subject to fine and/or imprisonment for utilized’’ mean? and all necessary environmental
periods up to five (5) years. 102–75.50 What does the term information and certifications, what
Nondiscrimination (41 CFR 102–74.445). ‘‘Underutilized’’ mean? information must an Executive agency
Federal agencies must not discriminate by 102–75.55 What does the term ‘‘Not being transmit with the Report of Excess Real
segregation or otherwise against any person put to optimum use’’ mean? Property (Standard Form 118)?
Examination for Acceptability Subpart C—Surplus Real Property Disposal persons the opportunity to inspect
102–75.145 Is GSA required to review each 102–75.250 What general policy must the available surplus property?
report of excess? disposal agency follow concerning the Submission of Offers To Purchase or Lease
102–75.150 What happens when GSA disposal of surplus property?
102–75.330 What form must all offers to
determines that the report of excess is 102–75.255 What are disposal agencies’
purchase or lease be in?
adequate? specific responsibilities concerning the
102–75.155 What happens if GSA disposal of surplus property? Provisions Relating to Asbestos
determines that the report of excess is 102–75.260 When may the disposal agency 102–75.335 Where asbestos is identified,
insufficient? dispose of surplus real property by what information must the disposal
exchange for privately owned property? agency incorporate into the offer to
Designation as Personal Property 102–75.265 Are conveyance documents purchase and the conveyance document?
102–75.160 Should prefabricated movable required to identify all agreements and
structures be designated real or personal representations concerning property Provisions Relating to Hazardous Substance
property for disposition purposes? restrictions and conditions? Activity
102–75.165 Should related personal 102–75.340 Where hazardous substance
Applicability of Antitrust Laws
property be designated real or personal activity has been identified on property
property for disposition purposes? 102–75.270 Must antitrust laws be proposed for disposal, what information
102–75.170 What happens to the related considered when disposing of property? must the disposal agency incorporate
personal property in a structure 102–75.275 Who determines whether the into the offer to purchase and the
scheduled for demolition? proposed disposal would create or conveyance document?
maintain a situation inconsistent with 102–75.345 What is different about the
Transfers antitrust laws? statements in the offer to purchase and
102–75.175 What are GSA’s responsibilities 102–75.280 What information concerning a conveyance document if the sale is to a
regarding transfer requests? proposed disposal must a disposal potentially responsible party with
102–75.180 May landholding agencies agency provide to the Attorney General respect to the hazardous substance
transfer excess real property without to determine the applicability of antitrust activity?
notifying GSA? laws?
102–75.285 Can a disposal agency dispose Public Benefit Conveyances
102–75.185 In those instances where
landholding agencies may transfer excess of real property to a private interest 102–75.350 What are disposal agencies’
real property without notifying GSA, specified in § 102–75.270 before advice responsibilities concerning public
which policies must they follow? is received from the Attorney General? benefit conveyances?
102–75.190 What amount must the 102–75.351 May the disposal agency waive
Disposals Under Other Laws screening for public benefit
transferee agency pay for the transfer of
excess real property? 102–75.290 Can disposals of real property conveyances?
102–75.195 If the transferor agency is a be made under authority of laws other 102–75.355 What clause must be in the
wholly owned Government corporation, than Chapter 5 of Subtitle I of Title 40 offer to purchase and the conveyance
what amount must the transferee agency of the United States Code? documents for public benefit
pay? conveyances?
Credit Disposals 102–75.360 What wording must be in the
102–75.200 What amount must the
102–75.295 What is the policy on extending non-discrimination clause that is
transferee agency pay if property is being
credit in connection with the disposal of required in the offer to purchase and the
transferred for the purpose of upgrading
surplus property? conveyance document?
the transferee agency’s facilities?
102–75.205 Are transfers ever made Designation of Disposal Agencies Power Transmission Lines
without reimbursement by the transferee 102–75.296 When may a landholding 102–75.365 Do disposal agencies have to
agency? agency other than GSA be the disposal notify State entities and Government
102–75.210 What must a transferee agency agency for real and related personal agencies that a surplus power
include in its request for an exception property? transmission line and right-of-way is
from the 100 percent reimbursement 102–75.297 Are there any exceptions to available?
requirement? when landholding agencies may serve as 102–75.370 May a State, or any political
102–75.215 Who must endorse requests for the disposal agency? subdivision thereof, certify to a disposal
exception to the 100 percent 102–75.298 Can agencies request that GSA agency that it needs a surplus power
reimbursement requirement? be the disposal agency for real property transmission line and the right-of-way
102–75.220 Where should an agency send a and real property interests described in acquired for its construction to meet the
request for exception to the 100 percent § 102–75.296? requirements of a public or cooperative
reimbursement requirement? 102–75.299 What are landholding agencies’ power project?
102–75.225 Who must review and approve responsibilities if GSA conducts the 102–75.375 What happens once a State, or
a request for exception from the 100 disposal? political subdivision, certifies that it
percent reimbursement requirement? needs a surplus power transmission line
102–75.230 Who is responsible for property Appraisal and the right-of-way acquired for its
protection and maintenance costs while 102–75.300 Are appraisals required for all construction to meet the requirements of
the request for exception is being real property disposal transactions? a public or cooperative power project?
reviewed? 102–75.305 What type of appraisal value 102–75.380 May power transmission lines
102–75.235 May disposal agencies transfer must be obtained for real property and rights-of-way be disposed of in other
excess property to the Senate, the House disposal transactions? ways?
of Representatives, and the Architect of 102–75.310 Who must agencies use to
Property for Public Airports
the Capitol? appraise the real property?
102–75.315 Are appraisers authorized to 102–75.385 Do disposal agencies have the
Temporary Utilization consider the effect of historic covenants responsibility to notify eligible public
102–75.240 May excess real property be on the fair market value? agencies that airport property has been
temporarily assigned/reassigned? 102–75.320 Does appraisal information determined to be surplus?
need to be kept confidential? 102–75.390 What does the term ‘‘surplus
Non-Federal Interim Use of Excess Property airport property’’ mean?
102–75.245 When can landholding agencies Inspection 102–75.395 May surplus airport property be
grant rights for non-Federal interim use 102–75.325 What responsibility does the conveyed or disposed of to a State,
of excess property reported to GSA? landholding agency have to provide political subdivision, municipality, or
tax-supported institution for a public 102–75.485 What happens if property that 102–75.560 Who notifies eligible public
airport? was conveyed for use as a historic agencies that real property to be used for
102–75.400 Is industrial property located monument is revested in the United self-help housing or housing assistance
on an airport also considered to be States? purposes is available?
‘‘airport property’’? 102–75.565 Is the requirement for self-help
102–75.405 What responsibilities does the Property for Educational and Public Health housing or housing assistance use of the
Federal Aviation Administration (FAA) Purposes property by an eligible public agency or
have after receiving a copy of the notice 102–75.490 Who must notify eligible public nonprofit organization contingent upon
(and a copy of the Report of Excess Real agencies that surplus real property for the disposal agency’s approval of an
Property (Standard Form 118)) given to educational and public health purposes assignment recommendation from the
eligible public agencies that there is is available? Department of Housing and Urban
surplus airport property? 102–75.495 May the Department of Development (HUD)?
102–75.410 What action must the disposal Education (ED) or the Department of 102–75.570 What happens if the disposal
agency take after an eligible public Health and Human Services (HHS) notify agency does not approve the assignment
agency has submitted a plan of use and nonprofit organizations that surplus real recommendation?
application to acquire property for a property and related personal property is 102–75.575 Who notifies nonprofit
public airport? available for educational and public organizations that surplus real property
102–75.415 What happens after the health purposes? and related personal property to be used
disposal agency receives the FAA’s 102–75.500 Which Federal agencies may for self-help housing or housing
recommendation for disposal of the the head of the disposal agency (or his assistance purposes is available?
property for a public airport? or her designee) assign for disposal 102–75.580 When must HUD notify the
102–75.420 What happens if the FAA surplus real property to be used for disposal agency that an eligible applicant
informs the disposal agency that it does educational and public health purposes? is interested in acquiring the property?
not recommend disposal of the property 102–75.505 Is the request for educational or 102–75.585 What action must the disposal
for a public airport? public health use of a property by an agency take after an eligible public
102–75.425 Who has sole responsibility for eligible nonprofit institution contingent agency has submitted a plan of use for
property for a self-help housing or
enforcing compliance with the terms and upon the disposal agency’s approval?
housing assistance requirement?
conditions of disposal for property 102–75.510 When must the Department of
102–75.590 What does the assignment
disposed of for use as a public airport? Education and the Department of Health
recommendation contain?
102–75.430 What happens if property and Human Services notify the disposal
102–75.595 What responsibilities do
conveyed for use as a public airport is agency that an eligible applicant is
landholding agencies have concerning
revested in the United States? interested in acquiring the property?
properties to be used for self-help
102–75.435 Does the Airport and Airway 102–75.515 What action must the disposal
housing or housing assistance use?
Development Act of 1970, as amended agency take after an eligible public
102–75.600 What happens if HUD does not
(Airport Act of 1970) apply to the agency has submitted a plan of use for approve any applications for self-help
transfer of airports to State and local property for an educational or public housing or housing assistance use?
agencies? health requirement? 102–75.605 What responsibilities does HUD
102–75.520 What must the Department of have after receiving the disposal agency’s
Property for Use as Historic Monuments
Education or the Department of Health assignment letter?
102–75.440 Who must disposal agencies and Human Services address in the 102–75.610 Who is responsible for
notify that surplus property is available assignment recommendation that is enforcing compliance with the terms and
for historic monument use? submitted to the disposal agency? conditions of the transfer of the property
102–75.445 Who can convey surplus real 102–75.525 What responsibilities do for self-help housing or housing
and related personal property for historic landholding agencies have concerning assistance use?
monument use? properties to be used for educational and 102–75.615 Who is responsible for
102–75.450 What type of property is public health purposes? enforcing compliance with the terms and
suitable or desirable for use as a historic 102–75.530 What happens if the conditions of property transferred under
monument? Department of Education or the section 414(a) of the 1969 HUD Act?
102–75.455 May historic monuments be Department of Health and Human 102–75.620 What happens if property that
used for revenue-producing activities? Services does not approve any was transferred to meet a self-help
102–75.460 What information must applications for conveyance of the housing or housing assistance use
disposal agencies furnish eligible public property for educational or public health requirement is found to be in
agencies? purposes? noncompliance with the terms of sale?
102–75.465 What information must eligible 102–75.535 What responsibilities does the
public agencies interested in acquiring Department of Education or the Property for Use as Public Park or
real property for use as a historic Department of Health and Human Recreation Areas
monument submit to the appropriate Services have after receiving the disposal 102–75.625 Which Federal agency is
regional or field offices of the National agency’s assignment letter? assigned surplus real property for public
Park Service (NPS) of the Department of 102–75.540 Who is responsible for park or recreation purposes?
the Interior (DOI)? enforcing compliance with the terms and 102–75.630 Who must disposal agencies
102–75.470 What action must NPS take conditions of the transfer for educational notify that real property for public park
after an eligible public agency has or public health purposes? or recreation purposes is available?
submitted an application for conveyance 102–75.545 What happens if property that 102–75.635 What information must the
of surplus property for use as a historic was transferred to meet an educational or Department of the Interior (DOI) furnish
monument? public health requirement is revested in eligible public agencies?
102–75.475 What happens after the the United States for noncompliance 102–75.640 When must DOI notify the
disposal agency receives the Secretary of with the terms of sale, or other cause? disposal agency that an eligible applicant
the Interior’s determination for disposal is interested in acquiring the property?
of the surplus property for a historic Property for Providing Self-Help Housing or 102–75.645 What responsibilities do
monument and compatible revenue- Housing Assistance landholding agencies have concerning
producing activities? 102–75.550 What does ‘‘self-help housing properties to be used for public park or
102–75.480 Who has the responsibility for or housing assistance’’ mean? recreation purposes?
enforcing compliance with the terms and 102–75.555 Which Federal agency receives 102–75.650 When must DOI request
conditions of disposal for surplus the property assigned for self-help assignment of the property?
property conveyed for use as a historic housing or housing assistance for low- 102–75.655 What does the assignment
monument? income individuals or families? recommendation contain?
102–75.660 What happens if DOI does not Property for Correctional Facility, Law personal property is available for port
approve any applications or does not Enforcement, or Emergency Management facility use?
submit an assignment recommendation? Response Purposes 102–75.830 What does the surplus notice
102–75.665 What happens after the 102–75.750 Who is eligible to receive contain?
disposal agency receives the assignment surplus real and related personal 102–75.835 When must DOT notify the
recommendation from DOI? property for correctional facility, law disposal agency that an eligible applicant
102–75.670 What responsibilities does DOI enforcement, or emergency management is interested in acquiring the property?
have after receiving the disposal agency’s response purposes? 102–75.840 What action must the disposal
assignment letter? 102–75.755 Which Federal agencies must agency take after an eligible public
102–75.675 What responsibilities does the the disposal agency notify concerning agency has submitted a plan of use for
grantee or recipient of the property have the availability of surplus properties for and an application to acquire a port
in accomplishing or completing the correctional facility, law enforcement, or facility property?
transfer? emergency management response 102–75.845 What must DOT address in the
102–75.680 What information must be purposes? assignment recommendation submitted
included in the deed of conveyance of 102–75.760 Who must the Office of Justice to the disposal agency?
any surplus property transferred for Programs (OJP) and the Federal 102–75.850 What responsibilities do
public park or recreation purposes? Emergency Management Agency (FEMA) landholding agencies have concerning
102–75.685 Who is responsible for notify that surplus real property is properties to be used in the development
enforcing compliance with the terms and available for correctional facility, law or operation of a port facility?
conditions of the transfer of property enforcement, or emergency management 102–75.855 What happens if DOT does not
used for public park or recreation response purposes? submit an assignment recommendation?
purposes? 102–75.765 What does the term ‘‘law 102–75.860 What happens after the
102–75.690 What happens if property that enforcement’’ mean? disposal agency receives the assignment
was transferred for use as a public park 102–75.770 Is the disposal agency required recommendation from DOT?
or recreation area is revested in the to approve a determination by the 102–75.865 What responsibilities does DOT
United States by reason of Department of Justice (DOJ) that have after receiving the disposal agency’s
noncompliance with the terms or identifies surplus property for assignment letter?
conditions of disposal, or for other correctional facility use or for law 102–75.870 Who is responsible for
cause? enforcement use? enforcing compliance with the terms and
102–75.775 Is the disposal agency required conditions of the port facility
Property for Displaced Persons to approve a determination by FEMA conveyance?
102–75.695 Who can receive surplus real that identifies surplus property for 102–75.875 What happens in the case of
property for the purpose of providing emergency management response use? repossession by the United States under
replacement housing for persons who are 102–75.780 When must DOJ or FEMA a reversion of title for noncompliance
to be displaced by Federal or Federally notify the disposal agency that an with the terms or conditions of
assisted projects? eligible applicant is interested in conveyance?
102–75.700 Which Federal agencies may acquiring the property?
Negotiated Sales
solicit applications from eligible State 102–75.785 What specifically must DOJ or
agencies interested in acquiring the FEMA address in the assignment request 102–75.880 When may Executive agencies
property to provide replacement housing or recommendation that is submitted to conduct negotiated sales?
for persons being displaced by Federal or the disposal agency? 102–75.885 What are the disposal agency’s
Federally assisted projects? 102–75.790 What responsibilities do responsibilities concerning negotiated
102–75.705 When must the Federal agency landholding agencies and disposal sales?
notify the disposal agency that an agencies have concerning properties to 102–75.890 What clause must be in the
be used for correctional facility, law offer to purchase and conveyance
eligible State agency is interested in
enforcement, or emergency management documents for negotiated sales to public
acquiring the property under section
response purposes? agencies?
218?
102–75.795 What happens after the 102–75.895 What wording must generally
102–75.710 What responsibilities do
disposal agency receives the assignment be in the excess profits clause that is
landholding and disposal agencies have
request by DOJ or FEMA? required in the offer to purchase and in
concerning properties used for providing
102–75.800 What information must be the conveyance document?
replacement housing for persons who
included in the deed of conveyance? 102–75.900 What is a negotiated sale for
will be displaced by Federal or Federally
102–75.805 Who is responsible for economic development purposes?
assisted projects? enforcing compliance with the terms and
102–75.715 When can a Federal agency conditions of the transfer of the property Explanatory Statements for Negotiated Sales
request transfer of the property to the used for correctional facility, law 102–75.905 When must the disposal agency
selected State agency? enforcement, or emergency management prepare an explanatory statement?
102–75.720 Is there a specific or preferred response purposes? 102–75.910 Are there any exceptions to this
format for the transfer request and who 102–75.810 What responsibilities do OJP or policy of preparing explanatory
should receive it? FEMA have if they discover any statements?
102–75.725 What does the transfer request information indicating a change in use of 102–75.915 Do disposal agencies need to
contain? a transferred property? retain a copy of the explanatory
102–75.730 What happens if a Federal 102–75.815 What happens if property statement?
agency does not submit a transfer request conveyed for correctional facility, law 102–75.920 Where is the explanatory
to the disposal agency for property to be enforcement, or emergency management statement sent?
used for replacement housing for persons response purposes is found to be in 102–75.925 Is GSA required to furnish the
who will be displaced by Federal or noncompliance with the terms of the disposal agency with the explanatory
Federally assisted projects? conveyance documents? statement’s transmittal letter sent to
102–75.735 What happens after the Congress?
disposal agency receives the transfer Property for Port Facility Use 102–75.930 What happens if there is no
request from the Federal agency? 102–75.820 Which Federal agency is objection by an appropriate committee or
102–75.740 Does the State agency have any eligible to receive surplus real and subcommittee of Congress concerning
responsibilities in helping to accomplish related personal property for the the proposed negotiated sale?
the transfer of the property? development or operation of a port
102–75.745 What happens if the property facility? Public Sales
transfer request is not approved by the 102–75.825 Who must the disposal agency 102–75.935 What are disposal agencies’
disposal agency? notify when surplus real and related responsibilities concerning public sales?
Disposing of Easements Assistance in Disposition this subpart, is DoD required to report

102–75.936 When can an agency dispose of 102–75.985 Is the landholding agency excess property to GSA?
an easement? required to assist the disposal agency in 102–75.1070 Can this delegation of
the disposition process? authority to the Secretary of Defense be
102–75.937 Can an easement be released or
redelegated?
disposed of at no cost? Subpart E—Abandonment, Destruction, or
102–75.938 May the easement and the land Donation to Public Bodies Delegation to the Department of Agriculture
that benefited from the easement (USDA)
102–75.990 May Federal agencies abandon,
(dominant estate) be disposed of destroy, or donate to public bodies real 102–75.1075 What is the policy governing
separately? property? delegations of real property disposal
Granting Easements authority to the Secretary of Agriculture?
Dangerous Property 102–75.1080 What must the Secretary of
102–75.939 When can agencies grant 102–75.995 May Federal agencies dispose Agriculture do before determining that
easements? of dangerous property? USDA-controlled excess real property
102–75.940 Can agencies grant easements at and related personal property is not
Determinations
no cost? required for the needs of any Federal
102–75.941 Does an agency retain 102–75.1000 How is the decision made to agency and prior to disposal?
responsibility for the easement? abandon, destroy, or donate property? 102–75.1085 When using a delegation of
102–75.942 What must agencies consider 102–75.1005 Who can make the real property disposal authority under
determination within the Federal agency this subpart, is the USDA required to
when granting easements?
on whether a property can be
102–75.943 What happens if granting an report excess property to GSA?
abandoned, destroyed, or donated?
easement will reduce the value of the 102–75.1090 Can this delegation of
102–75.1010 When is a reviewing authority
property? authority to the Secretary of Agriculture
required to approve the determination
be redelegated?
Non-Federal Interim Use of Surplus concerning a property that is to be
Property abandoned, destroyed, or donated? Delegation to the Department of the Interior
102–75.944 Can landholding agencies Restrictions 102–75.1095 What is the policy governing
outlease surplus real property for non- 102–75.1015 Are there any restrictions on delegations of authority to the Secretary
Federal agencies concerning property of the Interior?
Federal interim use?
donations to public bodies? 102–75.1100 Can this delegation of
Subpart D—Management of Excess and authority to the Secretary of the Interior
Surplus Real Property Disposal Costs be redelegated?
102–75.1020 Are public bodies ever 102–75.1105 What other responsibilities
102–75.945 What is GSA’s policy
required to pay the disposal costs does the Secretary of the Interior have
concerning the physical care, handling,
associated with donated property? under this delegation of authority?
protection, and maintenance of excess
and surplus real property and related Abandonment and Destruction Native American-Related Delegations
personal property? 102–75.1025 When can a Federal agency 102–75.1110 What is the policy governing
Taxes and Other Obligations abandon or destroy improvements on delegations of authority to the Secretary
land or related personal property in lieu of the Interior, the Secretary of Health
102–75.950 Who has the responsibility for of donating it to a public body? and Human Services, and the Secretary
paying property-related obligations 102–75.1030 May Federal agencies abandon of Education for property used in the
pending transfer or disposal of the or destroy property in any manner they administration of any Native American-
property? decide? related functions?
102–75.1035 Are there any restrictions on 102–75.1115 Are there any limitations or
Decontamination Federal agencies concerning the restrictions on this delegation of
102–75.955 Who is responsible for abandonment or destruction of authority?
decontaminating excess and surplus real improvements on land or related 102–75.1120 Does the property have to be
property? personal property? Federally screened?
102–75.1040 May Federal agencies abandon 102–75.1125 Can the transfer/retransfer
Improvements or Alterations or destroy improvements on land or under this delegation be at no cost or
102–75.960 May landholding agencies related personal property before public without consideration?
make improvements or alterations to notice is given of such proposed 102–75.1130 What action must the
excess or surplus property in those cases abandonment or destruction? Secretary requesting the transfer take
102–75.1045 Are there exceptions to the where funds were not programmed and
where disposal is otherwise not feasible?
policy that requires public notice be appropriated for acquisition of the
Protection and Maintenance given before Federal agencies abandon or property?
destroy improvements on land or related 102–75.1135 May this delegation of
102–75.965 Who must perform the
personal property? authority to the Secretary of the Interior,
protection and maintenance of excess 102–75.1050 Is there any property for
and surplus real property pending the Secretary of Health and Human
which this subpart does not apply? Services, and the Secretary of Education
transfer to another Federal agency or
disposal? Subpart F—Delegations be redelegated?
102–75.970 How long is the landholding Delegation to the Department of Defense Subpart G—Conditional Gifts of Real
agency responsible for the expense of (DoD) Property to Further the Defense Effort
protection and maintenance of excess 102–75.1140 What is the policy governing
102–75.1055 What is the policy governing
and surplus real property pending its the acceptance or rejection of a
delegations of real property disposal
transfer or disposal? conditional gift of real property for a
authority to the Secretary of Defense?
102–75.975 What happens if the property is 102–75.1060 What must the Secretary of particular defense purpose?
not conveyed or disposed of during this Defense do before determining that DoD- 102–75.1145 What action must the Federal
time frame? controlled excess real property and agency receiving an offer of a conditional
102–75.980 Who is responsible for related personal property is not required gift take?
protection and maintenance expenses if for the needs of any Federal agency and 102–75.1150 What happens to the gift if
there is no written agreement or no prior to disposal? GSA determines it to be acceptable?
Congressional appropriation to the 102–75.1065 When using a delegation of 102–75.1155 May an acceptable gift of
disposal agency? real property disposal authority under property be converted to money?
Subpart H—Use of Federal Real Property to 102–75.1255 What happens when more benefit conveyances, negotiated sales,
Assist the Homeless than one agency has a valid interest in public sales, related disposal services,
the property? and appraisals.
Definitions 102–75.1260 Does GSA conduct Federal
102–75.1160 What definitions apply to this screening on every property reported as § 102–75.20 How can Federal agencies
subpart? excess real property? with independent disposal authority obtain
102–75.1265 Are extensions granted to the related disposal services?
Applicability
Federal screening and response
102–75.1165 What is the applicability of timeframes? Federal agencies with independent
this subpart? 102–75.1270 How does an agency request a disposal authority are encouraged to
transfer of Federal real property? obtain utilization, disposal, and related
Collecting the Information
102–75.1275 Does a requesting agency have services from those agencies with
102–75.1170 How will information be to pay for excess real property? expertise in real property disposal, such
collected? 102–75.1280 What happens if the property as GSA, as allowed by 31 U.S.C. 1535
Suitability Determination has already been declared surplus and an (the Economy Act), so that they can
agency discovers a need for it?
102–75.1175 Who issues the suitability remain focused on their core mission.
102–75.1285 How does GSA transfer excess
determination? real property to the requesting agency?
Subpart B—Utilization of Excess Real
Real Property Reported Excess to GSA 102–75.1290 What happens if the
landholding agency requesting the Property
102–75.1180 For the purposes of this property does not promptly accept
subpart, what is the policy concerning § 102–75.25 What are landholding
custody and accountability? agencies’ responsibilities concerning the
real property reported excess to GSA?
Authority: 40 U.S.C. 121(c), 521–523, 541– utilization of excess property?
Suitability Criteria 559; E.O. 12512, 50 FR 18453, 3 CFR, 1985
Comp., p. 340.
Landholding agencies’ responsibilities
102–75.1185 What are suitability criteria? concerning the utilization of excess
Determination of Availability Subpart A—General Provisions property are to—
102–75.1190 What is the policy concerning (a) Achieve maximum use of their real
§ 102–75.5 What is the scope of this part?
determination of availability statements? property, in terms of economy and
The real property policies contained efficiency, to minimize expenditures for
Public Notice of Determination in this part apply to Federal agencies, the purchase of real property;
102–75.1195 What is the policy concerning including GSA’s Public Buildings
making public the notice of (b) Increase the identification and
Service (PBS), operating under, or
determination? reporting of their excess real property;
subject to, the authorities of the
and
Application Process Administrator of General Services.
Federal agencies with authority to (c) Fulfill its needs for real property,
102–75.1200 How may representatives of so far as practicable, by utilization of
the homeless apply for the use of dispose of real property under
Subchapter III of Chapter 5 of Title 40 real property determined excess by
properties to assist the homeless?
of the United States Code will be other agencies, pursuant to the
Action on Approved Applications referred to as ‘‘disposal agencies’’ in this provision of this part, before it
102–75.1205 What action must be taken on part. Except in rare instances where purchases non-Federal real property.
approved applications? GSA delegates disposal authority to a § 102–75.30 What are disposal agencies’
Unsuitable Properties Federal agency, the ‘‘disposal agency’’ responsibilities concerning the utilization of
102–75.1210 What action must be taken on
as used in this part refers to GSA. excess property?
properties determined unsuitable for § 102–75.10 What basic real property Disposal agencies’ responsibilities
homeless assistance? disposal policy governs disposal agencies? concerning the utilization of excess
No Applications Approved Disposal agencies must provide, in a property are to—
102–75.1215 What action must be taken if timely, efficient, and cost effective (a) Provide for the transfer of excess
there is no expression of interest? manner, the full range of real estate real property among Federal agencies, to
services necessary to support their real mixed-ownership Government
Subpart I—Screening Excess Federal Real
property utilization and disposal needs. corporations, and to the municipal
Property
Landholding agencies must survey the government of the District of Columbia;
102–75.1220 How do landholding agencies real property under their custody or
find out if excess Federal real property
and
control to identify property that is not (b) Resolve conflicting requests for
is available?
utilized, underutilized, or not being put transferring real property that the
102–75.1225 What details are provided in
the ‘‘Notice of Availability’’? to optimum use. Disposal agencies must involved agencies cannot resolve.
102–75.1230 How long does an agency have have adequate procedures in place to
to indicate its interest in the property? promote the effective utilization and § 102–75.35 [Reserved]
102–75.1235 Where should an agency send disposal of such real property.
Standards
its written response to the ‘‘Notice of
Real Property Disposal Services
Availability’’? § 102–75.40 What are the standards that
102–75.1240 Who, from the interested § 102–75.15 What real property disposal each Executive agency must use to identify
landholding agency, should submit the services must agencies provide under a unneeded Federal real property?
written response to GSA’s ‘‘Notice of delegation of authority from GSA?
Availability’’? Each Executive agency must identify
Disposal agencies must provide real unneeded Federal property using the
102–75.1245 What happens after the
landholding agency properly responds to property disposal services for real following standards:
a ‘‘Notice of Availability’’? property assets under their custody and
(a) Not utilized.
102–75.1250 What if the agency is not quite control, such as the utilization of excess
sure it wants the property and needs property, surveys, and the disposal of (b) Underutilized.
more time to decide? surplus property, which includes public (c) Not being put to optimum use.
§ 102–75.45 What does the term ‘‘Not (b) Maintain its inventory of real (a) Screen its own property holdings
utilized’’ mean? property at the absolute minimum to determine whether the new
Not utilized means an entire property consistent with economical and efficient requirement can be met through
or portion thereof, with or without conduct of the affairs of the agency; and improved utilization of existing real
improvements, not occupied for current (c) Promptly report to GSA real property; however, the utilization must
program purposes of the accountable property that it has determined to be be for purposes that are consistent with
Executive agency, or occupied in excess. the highest and best use of the property
caretaker status only. under consideration;
§ 102–75.65 Why is it important for
§ 102–75.50 What does the term Executive agencies to notify the disposal (b) Review all real property under its
‘‘Underutilized’’ mean? agency of its real property needs? accountability that has been permitted
Underutilized means an entire It is important that each Executive or outleased and terminate the permit or
property or portion thereof, with or agency notify the disposal agency of its lease for any property, or portion
without improvements, which is used— real property needs to determine thereof, suitable for the proposed need,
(a) Irregularly or intermittently by the whether the excess or surplus property if termination is not prohibited by the
accountable Executive agency for of another agency is available that terms of the permit or lease;
current program purposes of that would meet its need and prevent the
agency; or unnecessary purchase or lease of real (c) Utilize property that is or can be
(b) For current program purposes that property. made available under § 102–75.80(a) or
can be satisfied with only a portion of (b) for the proposed need in lieu of
the property. § 102–75.70 Are there any exceptions to requesting a transfer of excess real
this notification policy? property and reassign the property,
§ 102–75.55 What does the term ‘‘Not Yes, Executive agencies are not
being put to optimum use’’ mean? when appropriate;
required to notify the disposal agency
Not being put to optimum use means (d) Confirm that the appraised fair
when an agency’s proposed acquisition
an entire property or portion thereof, of real property is dictated by such market value of the excess real property
with or without improvements, which— factors as exact geographical location, proposed for transfer will not
(a) Even though used for current topography, engineering, or similar substantially exceed the probable
program purposes, the nature, value, or characteristics that limit the possible purchase price of other real property
location of the property is such that it that would be suitable for the intended
use of other available property. For
could be utilized for a different and purpose;
example, Executive agencies are not
significantly higher and better purpose;
required to notify disposal agencies (e) Limit the size and quantity of
or
(b) The costs of occupying are concerning the acquisition of real excess real property to be transferred to
substantially higher than other suitable property for a dam site, reservoir area, the actual requirements and separate, if
properties that could be made available or the construction of a generating plant possible, other portions of the excess
through transfer, purchase, or lease with or a substation, since specific lands are installation for possible disposal to
total net savings to the Government, needed, which limit the possible use of other agencies or to the public; and
after considering property values, costs other available property. Therefore, no
useful purpose would be served by (f) Consider the design, layout,
of moving, occupancy, operational geographic location, age, state of repair,
efficiency, environmental effects, notifying the disposal agency.
and expected maintenance costs of
regional planning, and employee § 102–75.75 What is the most important excess real property proposed for
morale. consideration in evaluating a proposed transfer; agencies must be able to
transfer of excess real property?
Guidelines demonstrate that the transfer will be
In every case of a proposed transfer of more economical over a sustained
§ 102–75.60 What are landholding excess real property, the most important
agencies’ responsibilities concerning real period of time than the acquisition of a
consideration is the validity and new facility specifically planned for the
property surveys? appropriateness of the requirement
A landholding agency’s purpose.
upon which the proposal is based. Also,
responsibilities concerning real property a proposed transfer must not establish a § 102–75.85 Can disposal agencies
utilization surveys are to— new program that has never been transfer excess real property to agencies
(a) Survey real property under its reflected in any previous budget for programs that appear to be scheduled
control (i.e., property reported on its submission or congressional action. for substantial curtailment or termination?
financial statements) at least annually to Additionally, a proposed transfer must
identify property that is not utilized, Yes, but only on a temporary basis
not substantially increase the level of an
underutilized, or not being put to with the condition that the property will
agency’s existing programs beyond that
optimum use. When other needs for the be released for further Federal
which has been contemplated in the
property are identified or recognized, President’s budget or by the Congress. utilization or disposal as surplus
the agency must determine whether (Note: See Subpart I—Screening of property at an agreed upon time when
continuation of the current use or Excess Federal Real Property (§§ 102– the transfer is arranged.
another use would better serve the 75.1220 through 102–75.1290) for
public interest, considering both the § 102–75.90 How is excess real property
information on screening and transfer needed for office, storage, and related
Federal agency’s needs and the requests.)
property’s location. In conducting purposes normally transferred to the
annual reviews of their property requesting agency?
§ 102–75.80 What are an Executive
holdings, the GSA Customer Guide to agency’s responsibilities before requesting GSA may temporarily assign or direct
Real Property Disposal can provide a transfer of excess real property? the use of such excess real property to
guidelines for Executive agencies to Before requesting a transfer of excess the requesting agency. See § 102–75.240.
consider in identifying unneeded real property, an Executive agency
Federal real property; must—
§ 102–75.95 Can Federal agencies that property authorized to be made by 40 (e) The status of civil and criminal
normally do not require real property (other U.S.C. 113(e) or by any special statute jurisdiction over the land that is
than for office, storage, and related that directs or requires an Executive peculiar to the property by reason of it
purposes) or that may not have statutory agency to transfer or convey specifically being Government-owned land. In the
authority to acquire such property, obtain
the use of excess real property?
described real property in accordance absence of any special circumstances, a
with the provisions of that statute. statement to that effect must be made a
Yes, GSA can authorize the use of part of the report;
Transfers of real property must be made
excess real property for an approved (f) Detailed information regarding any
only under the authority of Title 40 of
program. See § 102–75.240. known flood hazards or flooding of the
the United States Code, unless the
Land Withdrawn or Reserved From the independent authority granted to such property, and, if the property is located
Public Domain agency specifically exempts the in a flood-plain or on wetlands, a listing
authority from the requirements of Title of restricted uses (along with the
§ 102–75.100 When an agency holds land citations) identified in Federal, State, or
40.
withdrawn or reserved from the public local regulations as required by
domain and determines that it no longer Reporting of Excess Real Property Executive Orders 11988 and 11990 of
needs this land, what must it do?
§ 102–75.115 Must reports of excess real May 24, 1977;
An agency holding unneeded land (g) The specific identification and
property and related personal property be
withdrawn or reserved from the public description of fixtures and related
prepared on specific forms?
domain must submit to the appropriate personal property that have possible
GSA Regional Office a Report of Excess Yes, landholding agencies must
prepare reports of excess real property historic or artistic value;
Real Property (Standard Form 118), with (h) The historical significance of the
appropriate Schedules A, B, and C, only and related personal property on—
(a) Standard Form 118, Report of property and whether the property is
when— listed, is eligible for, or has been
(a) It has filed a notice of intention to Excess Real Property, and
accompanying Standard Form 118a, nominated for listing in the National
relinquish with the Department of the Register of Historic Places or is in
Interior (43 CFR part 2372 et seq.) and Buildings Structures, Utilities, and
Miscellaneous Facilities, Schedule A; proximity to a property listed in the
sent a copy of the notice to the National Register. If the landholding
appropriate GSA Regional Office; (b) Standard Form 118b, Land,
Schedule B; and agency is aware of any effort by the
(b) The Department of the Interior has public to have the property listed in the
notified the agency that the Secretary of (c) Standard Form 118c, Related
Personal Property, Schedule C. National Register, it must also include
the Interior has determined that the this information;
lands are not suitable for return to the § 102–75.120 Is there any other (i) A description of the type, location,
public domain for disposition under the information that needs to accompany (or be and condition of asbestos incorporated
general public land laws because the submitted with) the Report of Excess Real in the construction, repair, or alteration
lands are substantially changed in Property (Standard Form 118)? of any building or improvement on the
character by improvements or Yes, in all cases where Government- property (e.g., fire-proofing, pipe
otherwise; and owned land is reported excess, insulation, etc.) and a description of any
(c) The Department of the Interior Executive agencies must include a title asbestos control measures taken for the
provides a report identifying whether or report, prepared or approved by a property. Agencies must also provide to
not any other agency claims primary, qualified employee of the landholding GSA any available indication of costs
joint, or secondary jurisdiction over the agency, documenting the Government’s and/or time necessary to remove all or
lands and whether its records show that title to the property. any portion of the asbestos-containing
the lands are encumbered by rights or materials. Agencies are not required to
privileges under the public land laws. Title Report
conduct any specific studies and/or
§ 102–75.105 What responsibility does the § 102–75.125 What information must tests to obtain this information. (The
Department of the Interior have if it agencies include in the title report? provisions of this subpart do not apply
determines that minerals in the land are When completing the title report, to asbestos on Federal property that is
unsuitable for disposition under the public agencies must include— subject to section 120(h) of the
land mining and mineral leasing laws? (a) The description of the property; Superfund Amendments and
In such cases, the Department of the (b) The date title vested in the United Reauthorization Act of 1986, Public Law
Interior must— States; 99–499);
(a) Notify the appropriate GSA (c) All exceptions, reservations, (j) A statement indicating whether or
Regional Office of such a determination; conditions, and restrictions, relating to not lead-based paint is present on the
and the title; property. Additionally, if the property is
(b) Authorize the landholding agency (d) Detailed information concerning target housing (all housing except
to identify in the Standard Form 118 any action, thing, or circumstance that housing for the elderly or persons with
any minerals in the land that the occurred from the date the United States disabilities or any zero bedroom
Department of the Interior determines to acquired the property to the date of the dwelling) constructed prior to 1978,
be unsuitable for disposition under the report that in any way affected or may provide a risk assessment and paint
public land mining and mineral leasing have affected the United States’ right, inspection report that details all lead-
laws. title, or interest in and to the real based paint hazards; and
property (including copies of legal (k) A statement indicating whether or
Transfers Under Other Laws comments or opinions discussing the not, during the time the property was
§ 102–75.110 Can transfers of real manner in which and the extent to owned by the United States, any
property be made under authority of laws which such right, title, or interest may hazardous substance activity, as defined
other than those codified in Title 40 of the have been affected). In the absence of by regulations issued by the U.S.
United States Code? any such action, thing, or circumstance, Environmental Protection Agency (EPA)
Yes, the provisions of this section a statement to that effect must be made at 40 CFR part 373, took place on the
shall not apply to transfers of real a part of the report; property. Hazardous substance activity
includes situations where any licenses to use, any patents, processes, report of excess on a conditional basis
hazardous substance was stored for one techniques, or inventions). If it is and identify what deficiencies in the
year or more, known to have been impracticable to transmit the abstracts report must be corrected in order for the
released, or disposed of on the property. of title and related title evidence, report to gain full acceptance.
Agencies reporting such property must agencies must provide the name and
Designation as Personal Property
review the regulations issued by EPA at address of the custodian of such
40 CFR part 373 for details on the documents in the title report referred to § 102–75.160 Should prefabricated
information required and must comply in § 102–75.120; movable structures be designated real or
with these requirements. In addition, (b) Any appraisal reports indicating or personal property for disposition
agencies reporting such property shall providing the fair market value or the purposes?
review and comply with the regulations fair annual rental of the property, if Prefabricated movable structures such
for the utilization and disposal of requested by the disposal agency; and as Butler-type storage warehouses,
hazardous materials and certain (c) A certification by a responsible Quonset huts, and house trailers (with
categories of property set forth at 41 person that the property does or does or without undercarriages) reported to
CFR part 101–42. not contain polychlorinated biphenyl GSA along with the land on which they
(PCB) transformers or other equipment are located may, at GSA’s discretion, be
§ 102–75.130 If hazardous substance regulated by EPA under 40 CFR part designated for disposition as personal
activity took place on the property, what
761, if requested by the disposal agency. property for off-site use or as real
specific information must an agency
include in the title report? If the property does contain any property for disposal with the land.
equipment subject to EPA regulation
If hazardous substance activity took under 40 CFR part 761, the certification § 102–75.165 Should related personal
place on the property, the reporting must include the landholding agency’s property be designated real or personal
agency must include information on the property for disposition purposes?
assurance that each piece of equipment
type and quantity of such hazardous is now and will continue to be in Related personal property may, at the
substance and the time at which such compliance with the EPA regulations disposal agency’s discretion, be
storage, release, or disposal took place. until disposal of the property. designated as personal property for
The reporting agency must also advise disposal purposes. However, for fine
the disposal agency if all remedial Examination for Acceptability artwork and sculptures, GSA’s policy is
action necessary to protect human that artwork specifically created for a
§ 102–75.145 Is GSA required to review
health and the environment with each report of excess? Federal building is considered as a
respect to any such hazardous substance fixture of the building. This also applies
activity was taken before the date the Yes, GSA must review each report of
to sculptures created for a Federal
property was reported excess. If such excess to ascertain whether the report
building or a public park. Disposal
action was not taken, the reporting was prepared according to the
agencies must follow the policies and
agency must advise the disposal agency provisions of this part. GSA must notify
guidance for disposal of artwork and
when such action will be completed or the landholding agency, in writing,
sculptures developed by the GSA Office
how the agency expects to comply with whether the report is acceptable or other
of the Chief Architect, Center for Design
the Comprehensive Environmental information is needed within 15
Excellence and the Arts, and the
Response, Compensation, and Liability calendar days after receipt of the report.
Bulletin dated March 26, 1934, entitled
Act (CERCLA) in the disposal. See § 102–75.150 What happens when GSA ‘‘Legal Title to Works Produced under
§§ 102–75.340 and 102–75.345. determines that the report of excess is the Public Works of Art Project.’’
adequate?
§ 102–75.135 If no hazardous substance § 102–75.170 What happens to the related
activity took place on the property, what When GSA determines that a report is personal property in a structure scheduled
specific information must an agency adequate, GSA will accept the report for demolition?
include in the title report? and inform the landholding agency of
When a structure is to be demolished,
If no hazardous substance activity the acceptance date. However, the
any fixtures or related personal property
took place, the reporting agency must landholding agency must, upon request,
therein may, at the disposal agency’s
include the following statement: promptly furnish any additional
discretion, be designated for disposition
The (reporting agency) has determined, in information or documents relating to the
as personal property where a ready
accordance with regulations issued by EPA at property required by GSA to accomplish
disposition can be made of these items.
40 CFR part 373, that there is no evidence a transfer or a disposal.
As indicated in § 102–75.165, particular
indicating that hazardous substance activity
took place on the property during the time § 102–75.155 What happens if GSA consideration should be given to
the property was owned by the United States. determines that the report of excess is designating items having possible
insufficient? historical or artistic value as personal
Other Necessary Information Where GSA determines that a report property.
§ 102–75.140 In addition to the title report, is insufficient, GSA will return the Transfers
and all necessary environmental report and inform the landholding
information and certifications, what agency of the facts and circumstances § 102–75.175 What are GSA’s
information must an Executive agency that make the report insufficient. The responsibilities regarding transfer
transmit with the Report of Excess Real landholding agency must promptly take requests?
Property (Standard Form 118)? appropriate action to submit an Before property can be transferred
Executive agencies must provide— acceptable report to GSA. If the among Federal agencies, to mixed-
(a) A legible, reproducible copy of all landholding agency is unable to submit ownership Government corporations,
instruments in possession of the agency an acceptable report, the property will and to the municipal government of the
that affect the United States’ right, title, no longer be considered as excess District of Columbia, GSA must
or interest in the property reported or property and the disposal agency will determine that—
the use and operation of such property cease activity for the disposal of the (a) The transfer is in the best interest
(including agreements covering and property. However, GSA may accept the of the Government;
(b) The requesting agency is the (b) The corporation’s book value of § 102–75.225 Who must review and
appropriate agency to hold the property; the property. approve a request for exception from the
and 100 percent reimbursement requirement?
(c) The proposed land use will § 102–75.200 What amount must the The Administrator must review all
transferee agency pay if property is being requests for exception from the 100
maximize use of the real property, in
transferred for the purpose of upgrading percent reimbursement requirement. If
terms of economy and efficiency, to the transferee agency’s facilities?
minimize expenditures for the purchase the Administrator approves the request,
of real property. Where the transfer is for the purpose it is then submitted to OMB for final
(Note: See Subpart I—Screening of of upgrading facilities (i.e., for the concurrence. If OMB approves the
Excess Federal Real Property (§§ 102– purpose of replacing other property of request, then GSA may complete the
75.1220 through 102–75.1290) for the transferee agency, which because of transfer.
information on screening and transfer the location, nature, or condition
thereof, is less efficient for use), the § 102–75.230 Who is responsible for
requests.) property protection and maintenance costs
transferee must pay an amount equal to
§ 102–75.180 May landholding agencies while the request for exception is being
the difference between the fair market reviewed?
transfer excess real property without value of the property to be replaced and
notifying GSA? The agency requesting the property
the fair market value of the property
Landholding agencies may, without will assume responsibility for protection
requested, as determined by the
notifying GSA, transfer excess real and maintenance costs not more than 40
Administrator.
property that they use, occupy, or days from the date of the
control under a lease, permit, license, § 102–75.205 Are transfers ever made Administrator’s letter to OMB
easement, or similar instrument when— without reimbursement by the transferee requesting concurrence for an exception
(a) The lease or other instrument is agency? to the 100 percent reimbursement
subject to termination by the grantor or Transfers may be made without requirement. If the request is denied, the
owner of the premises within nine reimbursement by the transferee agency requesting agency may pay the fair
months; only if— market value for the property or
(b) The remaining term of the lease or (a) Congress has specifically withdraw its request. If the request is
other instrument, including renewal authorized the transfer without withdrawn, responsibility for protection
rights, will provide for less than nine reimbursement, or and maintenance cost will return to the
months of use and occupancy; or (b) The Administrator, with the landholding agency at that time.
(c) The lease or other instrument approval of the Director of the Office of § 102–75.235 May disposal agencies
provides for use and occupancy of space Management and Budget (OMB), has transfer excess property to the Senate, the
for office, storage, and related facilities, approved a request for an exception House of Representatives, and the Architect
which does not exceed a total of 2,500 from the 100 percent reimbursement of the Capitol?
square feet. requirement. Yes, disposal agencies may transfer
§ 102–75.185 In those instances where excess property to the Senate, the House
§ 102–75.210 What must a transferee of Representatives, and the Architect of
landholding agencies may transfer excess agency include in its request for an
real property without notifying GSA, which exception from the 100 percent
the Capitol and any activities under his
policies must they follow? reimbursement requirement? or her direction, pursuant to the
In those instances, landholding provisions of 40 U.S.C. 113(d). The
The request must include an amount of reimbursement for such
agencies must transfer property explanation of how granting the
following the policies in this subpart. transfer must be the same as would be
exception would further essential required for a transfer of excess property
§ 102–75.190 What amount must the agency program objectives and at the to an Executive agency under similar
transferee agency pay for the transfer of same time be consistent with Executive circumstances.
excess real property? Order 12512, Federal Real Property
The transferee agency must pay an Management, dated April 29, 1985. The Temporary Utilization
amount equal to the property’s fair transferee agency must attach the § 102–75.240 May excess real property be
market value (determined by the explanation to the Request for Transfer temporarily assigned/reassigned?
Administrator)— of Excess Real and Related Personal Yes, whenever GSA determines that it
(a) Where the transferor agency has Property (GSA Form 1334) prior to is more advantageous to assign property
requested the net proceeds of the submitting the form to GSA. The temporarily rather than permanently, it
transfer pursuant to 40 U.S.C. 574; or unavailability of funds alone is not may do so. If the space is for office,
(b) Where either the transferor or sufficient to justify an exception. storage, or related facilities, GSA will
transferee agency (or organizational unit determine the length of the assignment/
affected) is subject to the Government § 102–75.215 Who must endorse requests
for exception to the 100 percent reassignment. Agencies are required to
Corporation Control Act (31 U.S.C. 841), reimbursement requirement? reimburse the landholding agency (or
is a mixed-ownership Government GSA, if GSA has become responsible for
corporation, or the municipal Agency heads must endorse requests
for exceptions to the 100 percent seeking an appropriation for protection
government of the District of Columbia. and maintenance expenses) (see § 102–
reimbursement requirement.
§ 102–75.195 If the transferor agency is a 75.970) for protection and maintenance
wholly owned Government corporation, § 102–75.220 Where should an agency expenses. GSA may also temporarily
what amount must the transferee agency send a request for exception to the 100 assign/reassign excess real property for
pay? percent reimbursement requirement? uses other than storage, office or related
As may be agreed upon by GSA and Agencies must submit all requests for facilities. In such cases, the agency
the corporation, the transferee agency exception from the 100 percent receiving the temporary assignment may
must pay an amount equal to— reimbursement requirement to the be required to pay a rental or users
(a) The estimated fair market value of appropriate GSA regional property charge based upon the fair market value
the property; or disposal office. of the property, as determined by GSA.
If the property will be required by the § 102–75.260 When may the disposal proposed disposition or any other
agency for a period of more than 1 year, agency dispose of surplus real property by disposition of surplus real property
it may be transferred on a conditional exchange for privately owned property? violates or would violate any of the
basis, with an understanding that the The disposal agency may dispose of antitrust laws.
property will be reported excess at an surplus real property by exchange for
privately owned property for property § 102–75.285 Can a disposal agency
agreed upon time (see § 102–75.85). The dispose of real property to a private interest
requesting agency is responsible for management considerations such as
specified in § 102–75.270 before advice is
protection and maintenance expenses. boundary realignment or for providing
received from the Attorney General?
access. The disposal agency may also
Non-Federal Interim Use of Excess dispose of surplus real property by No, advice from the Attorney General
exchange for privately owned property must be received before disposing of
Property
where authorized by law, when the real property.
§ 102–75.245 When can landholding requesting Federal agency receives Disposals Under Other Laws
agencies grant rights for non-Federal approval from the Office of Management
interim use of excess property reported to and Budget and the appropriate § 102–75.290 Can disposals of real
GSA? property be made under authority of laws
oversight committees, and where the
other than Chapter 5 of Subtitle I of Title 40
Landholding agencies, upon approval transaction offers substantial economic of the United States Code?
from GSA, may grant rights for non- or unique program advantages not
Except for disposals specifically
Federal interim use of excess property otherwise obtainable by any other
authorized by special legislation,
reported to GSA, when it is determined acquisition method.
disposals of real property must be made
that such excess property is not required § 102–75.265 Are conveyance documents only under the authority of Chapter 5 of
for the needs of any Federal agency and required to identify all agreements and Subtitle I of Title 40 of the United States
when the interim use will not impair representations concerning property Code. However, the Administrator of
the ability to dispose of the property. restrictions and conditions? General Services can evaluate, on a
Yes, conveyance documents must case-by-case basis, the disposal
Subpart C—Surplus Real Property identify all agreements and provisions of any other law to determine
Disposal representations concerning restrictions consistency with the authority conferred
and conditions affecting the property’s by Title 40. The provisions of this
§ 102–75.250 What general policy must the
future use, maintenance, or transfer. section do not apply to disposals of real
disposal agency follow concerning the
disposal of surplus property? Applicability of Antitrust Laws property authorized to be made by 40
U.S.C. 113 or by any special statute that
The disposal agency must dispose of § 102–75.270 Must antitrust laws be directs or requires an Executive agency
surplus real property— considered when disposing of property? named in the law to transfer or convey
(a) In the most economical manner Yes, antitrust laws must be specifically described real property in
consistent with the best interests of the considered in any case in which there accordance with the provisions of that
Government; and is contemplated a disposal to any statute.
private interest of—
(b) Ordinarily for cash, consistent Credit Disposals
(a) Real and related personal property
with the best interests of the that has an estimated fair market value § 102–75.295 What is the policy on
Government. of $3 million or more; or extending credit in connection with the
§ 102–75.255 What are disposal agencies’
(b) Patents, processes, techniques, or disposal of surplus property?
specific responsibilities concerning the inventions, irrespective of cost. The disposal agency—
disposal of surplus property? (a) May extend credit in connection
§ 102–75.275 Who determines whether the
proposed disposal would create or maintain
with any disposal of surplus property
The disposal agency must determine when it determines that credit terms are
a situation inconsistent with antitrust laws?
that there is no further Federal need or necessary to avoid reducing the
requirement for the excess real property The Attorney General determines
salability of the property and potential
and the property is surplus to the needs whether the proposed disposal would
obtainable price and, when below
of the Federal Government. After create or maintain a situation
market rates are extended, confer with
inconsistent with antitrust laws.
reaching this determination, the the Office of Management and Budget to
disposal agency must expeditiously § 102–75.280 What information concerning determine if the Federal Credit Reform
make the surplus property available for a proposed disposal must a disposal Act of 1990 is applicable to the
acquisition by State and local agency provide to the Attorney General to transaction;
governmental units and non-profit determine the applicability of antitrust (b) Must administer and manage the
laws? credit disposal and any related security;
institutions (see § 102–75.350) or for
sale by public advertising, negotiation, The disposal agency must promptly (c) May enforce, adjust, or settle any
or other disposal action. The disposal provide the Attorney General with right of the Government with respect to
agency must consider the availability of notice of any such proposed disposal extending credit in a manner and with
and the probable terms or conditions, as terms that are in the best interests of the
real property for public purposes on a
required by 40 U.S.C. 559. If notice is Government; and
case-by-case basis, based on highest and
given by any disposal agency other than (d) Must include provisions in the
best use and estimated fair market GSA, a copy of the notice must also be conveyance documents that obligate the
value. Where hazardous substance provided simultaneously to the GSA purchaser, where a sale is made upon
activity is identified, see §§ 102–75.340 Regional Office in which the property is credit, to obtain the disposal agency’s
and 102–75.345 for required located. Upon request, a disposal agency prior written approval before reselling
information that the disposal agency must furnish information that the or leasing the property. The purchaser’s
must incorporate into the offer to Attorney General believes to be credit obligations to the United States
purchase and conveyance document. necessary in determining whether the must be fulfilled before the disposal
agency may approve the resale of the Appraisal (a) They have no direct or indirect
property. interest in the property; and
§ 102–75.300 Are appraisals required for (b) The report was prepared and
Designation of Disposal Agencies all real property disposal transactions? submitted without bias or influence.
§ 102–75.296 When may a landholding Generally, yes, appraisals are required
for all real property disposal Inspection
agency other than GSA be the disposal
agency for real and related personal transactions, except when— § 102–75.325 What responsibility does the
property? (a) An appraisal will serve no useful landholding agency have to provide
A landholding agency may be the purpose ( e.g., legislation authorizes persons the opportunity to inspect available
disposal agency for real and related conveyance without monetary surplus property?
personal property when— consideration or at a fixed price). This Landholding agencies should provide
(a) The agency has statutory authority exception does not apply to negotiated all persons interested in acquiring
to dispose of real and related personal sales to public agencies intending to use available surplus property with the
property; the property for a public purpose not opportunity to make a complete
(b) The agency has delegated covered by any of the special disposal inspection of the property, including
authority from GSA to dispose of real provisions in subpart C of this part; or any available inventory records, plans,
and related personal property; or (b) The estimated fair market value of specifications, and engineering reports
(c) The agency is disposing of— property to be offered on a competitive that relate to the property. These
(1) Leases, licenses, permits, sale basis does not exceed $300,000. inspections are subject to any necessary
easements, and other similar real estate national security restrictions and are
interests held by agencies in non- § 102–75.305 What type of appraisal value
subject to the disposal agency’s rules.
Government-owned real property; must be obtained for real property disposal
transactions? (See §§ 102–75.335 and 102–75.985.)
(2) Government-owned
improvements, including fixtures, For all real property transactions Submission of Offers To Purchase or
structures, and other improvements of requiring appraisals, agencies must Lease
any kind as long as the underlying land obtain, as appropriate, an appraisal of
§ 102–75.330 What form must all offers to
is not being disposed; or either the fair market value or the fair purchase or lease be in?
(3) Standing timber, embedded gravel, annual rental value of the property
All offers to purchase or lease must be
sand, stone, and underground water, available for disposal.
without the underlying land. in writing, accompanied by any
§ 102–75.310 Who must agencies use to required earnest money deposit, using
§ 102–75.297 Are there any exceptions to appraise the real property? the form prescribed by the disposal
when landholding agencies can serve as Agencies must use only experienced agency. In addition to the financial
the disposal agency? and qualified real estate appraisers terms upon which the offer is
Yes, landholding agencies may not familiar with the types of property to be predicated, the offer must set forth the
serve as the disposal agency when— appraised when conducting the willingness of the offeror to abide by the
(a) Either the landholding agency or appraisal. When an appraisal is required terms, conditions, reservations, and
GSA determines that the Government’s for negotiation purposes, the same restrictions upon which the property is
best interests are served by disposing of standard applies. However, agencies offered, and must contain such other
leases, licenses, permits, easements and may authorize other methods of information as the disposal agency may
similar real estate interests together with obtaining an estimate of the fair market request.
other property owned or controlled by value or the fair annual rental when the
the Government that has been or will be Provisions Relating to Asbestos
cost of obtaining that data from a
reported to GSA, or contract appraiser would be out of § 102–75.335 Where asbestos is identified,
(b) Government-owned machinery what information must the disposal agency
proportion to the expected recoverable
and equipment being used by a incorporate into the offer to purchase and
value of the property.
contractor-operator will be sold to a the conveyance document?
contractor-operator. § 102–75.315 Are appraisers authorized to Where the existence of asbestos on the
consider the effect of historic covenants on property has been brought to the
§ 102–75.298 Can agencies request that the fair market value?
GSA be the disposal agency for real attention of the disposal agency by the
property and real property interests Yes, appraisers are authorized to Report of Excess Real Property
described in § 102–75.296? consider the effect of historic covenants (Standard Form 118) information
Yes. If requested, GSA, at its on the fair market value, if the property provided (see § 102–75.125), the
discretion, may be the disposal agency is in or eligible for listing in the disposal agency must incorporate this
for such real property and real property National Register of Historic Places. information (less any cost or time
interests. estimates to remove the asbestos-
§ 102–75.320 Does appraisal information
need to be kept confidential? containing materials) into any offer to
§ 102–75.299 What are landholding purchase and conveyance document
agencies’ responsibilities if GSA conducts Yes, appraisals, appraisal reports, and include the following wording:
the disposal? appraisal analyses, and other pre- Notice of the Presence of Asbestos—
Landholding agencies are and remain decisional appraisal documents are Warning!
responsible for all rental/lease payments confidential and can only be used by (a) The Purchaser is warned that the
until the lease expires or is terminated. authorized Government personnel who property offered for sale contains asbestos-
Landholding agencies are responsible can substantiate the need to know this containing materials. Unprotected or
for paying any restoration or other direct information. Appraisal information unregulated exposures to asbestos in product
costs incurred by the Government must not be divulged prior to the manufacturing, shipyard, and building
construction workplaces have been
associated with termination of a lease, delivery and acceptance of the deed. associated with asbestos-related diseases.
and for paying any demolition and Any persons engaged to collect or Both the U.S. Occupational Safety and Health
removal costs not offset by the sale of evaluate appraisal information must Administration (OSHA) and the U.S.
the property. (See also § 102–75.965.) certify that— Environmental Protection Agency (EPA)
regulate asbestos because of the potential Provisions Relating to Hazardous contamination that is discovered in the
hazards associated with exposure to airborne Substance Activity future. Therefore, the statements of
asbestos fibers. Both OSHA and EPA have responsibility and commitments on
determined that such exposure increases the § 102–75.340 Where hazardous substance behalf of the United States referenced in
risk of asbestos-related diseases, which activity has been identified on property
proposed for disposal, what information
§ 102–75.340 should not be used.
include certain cancers and which can result Instead, language should be included in
must the disposal agency incorporate into
in disability or death. the offer to purchase and conveyance
the offer to purchase and the conveyance
(b) Bidders (offerors) are invited, urged and document that is consistent with any
document?
cautioned to inspect the property to be sold agreement that has been reached
prior to submitting a bid (offer). More
Where the existence of hazardous
substance activity has been brought to between the landholding agency and the
particularly, bidders (offerors) are invited, PRP with regard to prior hazardous
urged and cautioned to inspect the property the attention of the disposal agency by
the Report of Excess Real Property substance activity.
as to its asbestos content and condition and
any hazardous or environmental conditions (Standard Form 118) information Public Benefit Conveyances
relating thereto. The disposal agency will provided (see §§ 102–75.125 and 102–
75.130), the disposal agency must § 102–75.350 What are disposal agencies’
assist bidders (offerors) in obtaining any
incorporate this information into any responsibilities concerning public benefit
authorization(s) that may be required in order conveyances?
to carry out any such inspection(s). Bidders offer to purchase and conveyance
(offerors) shall be deemed to have relied document. In any offer to purchase and Based on a highest and best use
solely on their own judgment in assessing the conveyance document, disposal analysis, disposal agencies may make
overall condition of all or any portion of the agencies, generally, must also address surplus real property available to State
property including, without limitation, any the following (specific recommended and local governments and certain non-
asbestos hazards or concerns. language that addresses the following profit institutions or organizations at up
(c) No warranties either express or implied issues can be found in the GSA to 100 percent public benefit discount
are given with regard to the condition of the Customer Guide to Real Property for public benefit purposes. Some
property including, without limitation, Disposal): examples of such purposes are
whether the property does or does not (a) Notice of all hazardous substance education, health, park and recreation,
contain asbestos or is or is not safe for a activity identified as a result of a the homeless, historic monuments,
particular purpose. The failure of any bidder complete search of agency records by public airports, highways, correctional
(offeror) to inspect, or to be fully informed as the landholding agency. facilities, ports, and wildlife
to the condition of all or any portion of the (b) A statement, certified by a conservation. The implementing
property offered, will not constitute grounds responsible landholding agency official regulations for these conveyances are
for any claim or demand for adjustment or in the Report of Excess Real Property, found in this subpart.
withdrawal of a bid or offer after its opening that all remedial actions necessary to
or tender. § 102–75.351 May the disposal agency
protect human health and the waive screening for public benefit
(d) The description of the property set forth
environment with regard to such conveyances?
in the Invitation for Bids (Offer to Purchase)
hazardous substance activity have been All properties, consistent with the
and any other information provided therein
with respect to said property is based on the
taken (this is not required in the offer to highest and best use analysis, will
best information available to the disposal purchase or conveyance document in normally be screened for public benefit
agency and is believed to be correct, but an the case of a transfer of property under uses. However, the disposal agency may
error or omission, including, but not limited the authority of section 120(h)(3)(C) of waive public benefit screening, with the
to, the omission of any information available CERCLA, or the Early Transfer exception of the mandatory McKinney-
to the agency having custody over the Authority, or a conveyance to a Vento homeless screening, for specific
property and/or any other Federal agency, ‘‘potentially responsible party’’, as property disposal considerations, e.g.,
shall not constitute grounds or reason for defined by CERCLA (see 102–75.345)). when a property has been reported
nonperformance of the contract of sale, or (c) A commitment, on behalf of the excess for exchange purposes.
any claim by the Purchaser against the United States, to return to correct any
Government including, without limitation, hazardous condition discovered after § 102–75.355 What clause must be in the
any claim for allowance, refund, or the conveyance that results from offer to purchase and the conveyance
deduction from the purchase price. hazardous substance activity prior to the documents for public benefit conveyances?
(e) The Government assumes no liability date of conveyance. Executive agencies must include in
for damages for personal injury, illness, (d) A reservation by the United States the offer to purchase and conveyance
disability, or death, to the Purchaser, or to of a right of access in order to documents the non-discrimination
the Purchaser’s successors, assigns, accomplish any further remedial actions clause in § 102–75.360 for public benefit
employees, invitees, or any other person required in the future. conveyances.
subject to Purchaser’s control or direction, or
to any other person, including members of § 102–75.345 What is different about the § 102–75.360 What wording must be in the
statements in the offer to purchase and non-discrimination clause that is required
the general public, arising from or incident
conveyance document if the sale is to a in the offer to purchase and in the
to the purchase, transportation, removal, conveyance document?
potentially responsible party with respect to
handling, use, disposition, or other activity
causing or leading to contact of any kind
the hazardous substance activity? The wording of the non-
whatsoever with asbestos on the property In the case where the purchaser or discrimination clause must be as
that is the subject of this sale, whether the grantee is a potentially responsible party follows:
(PRP) with respect to hazardous The Grantee covenants for itself, its heirs,
Purchaser, its successors or assigns has or
substance activity on the property under successors, and assigns and every successor
have properly warned or failed properly to in interest to the property hereby conveyed,
warn the individual(s) injured. consideration, the United States is no
or any part thereof, that the said Grantee and
(f) The Purchaser further agrees that, in its longer under a general obligation to such heirs, successors, and assigns shall not
use and occupancy of the property, it will certify that the property has been discriminate upon the basis of race, creed,
comply with all Federal, State, and local laws successfully remediated, or to commit to color, religion, sex, disability, age, or national
relating to asbestos. return to the property to address origin in the use, occupancy, sale, or lease of
the property, or in their employment fair market value may be disposed of § 102–75.400 Is industrial property located
practices conducted thereon. This covenant following other applicable provisions of on an airport also considered to be ‘‘airport
shall not apply, however, to the lease or this part, including, if appropriate, property’’?
rental of a room or rooms within a family No, if the Administrator of General
reclassification by the disposal agency.
dwelling unit; nor shall it apply with respect Services determines that a property’s
to religion to premises used primarily for Property for Public Airports
religious purposes. The United States of
highest and best use is industrial, then
America shall be deemed a beneficiary of this § 102–75.385 Do disposal agencies have the property must be classified as such
covenant without regard to whether it the responsibility to notify eligible public for disposal without regard to the public
remains the owner of any land or interest agencies that airport property has been benefit conveyance provisions of this
therein in the locality of the property hereby determined to be surplus? subpart.
conveyed and shall have the sole right to Yes, the disposal agency must notify
enforce this covenant in any court of § 102–75.405 What responsibilities does
eligible public agencies that property the Federal Aviation Administration (FAA)
competent jurisdiction.
currently used as or suitable for use as have after receiving a copy of the notice
Power Transmission Lines a public airport under the Surplus (and a copy of the Report of Excess Real
Property Act of 1944, as amended, has Property (Standard Form 118)) given to
§ 102–75.365 Do disposal agencies have to
been determined to be surplus. A copy eligible public agencies that there is
notify State entities and Government surplus airport property?
agencies that a surplus power transmission of the landholding agency’s Report of
line and right-of-way is available? Excess Real Property (Standard Form As soon as possible after receiving the
Yes, disposal agencies must notify 118, with accompanying schedules) copy of the surplus notice, the FAA
State entities and Government agencies must be transmitted with the copy of the must inform the disposal agency of its
of the availability of a surplus power surplus property notice sent to the determination. Then, the FAA must
transmission line and right-of-way. appropriate regional office of the provide assistance to any eligible public
Federal Aviation Administration (FAA). agency known to have a need for the
§ 102–75.370 May a State, or any political The FAA must furnish an application property for a public airport, so that the
subdivision thereof, certify to a disposal form and instructions for the public agency may develop a
agency that it needs a surplus power preparation of an application to eligible comprehensive and coordinated plan of
transmission line and the right-of-way public agencies upon request. use and procurement for the property.
acquired for its construction to meet the
requirements of a public or cooperative § 102–75.390 What does the term ‘‘surplus § 102–75.410 What action must the
power project? airport property’’ mean? disposal agency take after an eligible public
Yes, section 13(d) of the Surplus For the purposes of this part, surplus agency has submitted a plan of use and
Property Act of 1944 (50 U.S.C. App. application to acquire property for a public
airport property is any surplus real
1622(d)) allows any State or political airport?
property including improvements and
subdivision, or any State or Government personal property included as a part of After an eligible public agency
agency or instrumentality to certify to the operating unit that the submits a plan of use and application,
the disposal agency that a surplus Administrator of FAA deems is— the disposal agency must transmit two
power transmission line and the right- (a) Essential, suitable, or desirable for copies of the plan and two copies of the
of-way acquired for its construction is the development, improvement, application to the appropriate FAA
needed to meet the requirements of a operation, or maintenance of a public regional office. The FAA must promptly
public or cooperative power project. airport, as defined in the Federal submit a recommendation to the
Airport Act, as amended (49 U.S.C. disposal agency for disposal of the
§ 102–75.375 What happens once a State, property for a public airport or must
or political subdivision, certifies that it 1101); or
(b) Reasonably necessary to fulfill the inform the disposal agency that no such
needs a surplus power transmission line
immediate and foreseeable future recommendation will be submitted.
and the right-of-way acquired for its
construction to meet the requirements of a requirements of the grantee for the § 102–75.415 What happens after the
public or cooperative power project? development, improvement, operation, disposal agency receives the FAA’s
Generally, once a State or political or maintenance of a public airport, recommendation for disposal of the
subdivision certifies that it needs a including property needed to develop property for a public airport?
surplus power transmission line and the sources of revenue from non-aviation The head of the disposal agency, or
right-of-way, the disposal agency may businesses at a public airport. Approval his or her designee, may convey
sell the property to the state, or political for non-aviation revenue-producing property approved by the FAA for use
subdivision thereof, at the fair market areas may only be given for such areas as a public airport to the eligible public
value. However, if a sale of a surplus as are anticipated to generate net agency, subject to the provisions of the
transmission line cannot be proceeds that do not exceed expected Surplus Property Act of 1944, as
accomplished because of the price to be deficits for operation of the aviation area amended.
charged, or other reasons, and the applied for at the airport.
certification by the State or political § 102–75.420 What happens if the FAA
§ 102–75.395 May surplus airport property informs the disposal agency that it does not
subdivision is not withdrawn, the
be conveyed or disposed of to a State, recommend disposal of the property for a
disposal agency must report the facts political subdivision, municipality, or tax- public airport?
involved to the Administrator of supported institution for a public airport? Any airport property that the FAA
General Services, to determine what
Yes, section 13(g) of the Surplus does not recommend for disposal as a
further action will or should be taken to
Property Act of 1944 (49 U.S.C. § 47151) public airport must be disposed of in
dispose of the property.
authorizes the disposal agency to accordance with other applicable
§ 102–75.380 May power transmission convey or dispose of surplus airport provisions of this part. However, the
lines and rights-of-way be disposed of in property to a State, political disposal agency must first notify the
other ways? subdivision, municipality, or tax- landholding agency of its inability to
Yes, power transmission lines and supported institution for use as a public dispose of the property for use as a
rights-of-way not disposed of by sale for airport. public airport. In addition, the disposal
agency must allow the landholding Property for Use as Historic sublessor, or developer in connection
agency 30 days to withdraw the Monuments with the management, operation, or
property from surplus or to waive any development of the property for revenue
§ 102–75.440 Who must disposal agencies
future interest in the property for public producing activities, is used by the
notify that surplus property is available for
airport use. historic monument use? grantee, lessor, sublessor, or developer,
only for public historic preservation,
§ 102–75.425 Who has sole responsibility Disposal agencies must notify State
park, or recreational purposes; and
for enforcing compliance with the terms and area wide clearinghouses and
and conditions of disposal for property eligible public agencies that property (d) Examines and approves the
disposed of for use as a public airport? that may be conveyed for use as a grantee’s accounting and financial
historic monument has been determined procedures for recording and reporting
The Administrator of the FAA has the to be surplus. A copy of the landholding on revenue-producing activities.
sole responsibility for enforcing agency’s Report of Excess Real Property
compliance with the terms and § 102–75.460 What information must
(Standard Form 118) with
conditions of disposals to be used as a disposal agencies furnish eligible public
accompanying schedules must be agencies?
public airport. The FAA is also transmitted with the copy of each notice
responsible for reforming, correcting, or that is sent to the appropriate regional Upon request, the disposal agency
amending any disposal instruments; or field offices of the National Park must furnish eligible public agencies
granting releases; and any action Service (NPS) of the Department of the with adequate preliminary property
necessary for recapturing the property, Interior (DOI). information and, with the landholding
using the provisions of 49 U.S.C. 47101 agency’s cooperation, provide assistance
§ 102–75.445 Who can convey surplus real to enable public agencies to obtain
et seq.
and related personal property for historic
adequate property information.
§ 102–75.430 What happens if property monument use?
conveyed for use as a public airport is A disposal agency may convey § 102–75.465 What information must
revested in the United States? surplus real and related personal eligible public agencies interested in
property for use as a historic monument, acquiring real property for use as a historic
If property that was conveyed for use without monetary consideration, to any monument submit to the appropriate
as a public airport is revested in the State, political subdivision, regional or field offices of the National Park
United States for noncompliance with Service (NPS) of the Department of the
instrumentality thereof, or municipality, Interior (DOI)?
the terms of the disposal, or other cause, for the benefit of the public, provided
the Administrator of the FAA must be the Secretary of the Interior has Eligible public agencies must submit
accountable for the property and must determined that the property is suitable the original and two copies of the
report the property to GSA as excess and desirable for such use. completed application to acquire real
property following the provisions of this property for use as a historic monument
part. § 102–75.450 What type of property is to the appropriate regional or field
suitable or desirable for use as a historic
monument?
offices of NPS, which will forward one
§ 102–75.435 Does the Airport and Airway copy of the application to the
Development Act of 1970, as amended Only property conforming with the appropriate regional office of the
(Airport Act of 1970), apply to the transfer recommendation of the Advisory Board
of airports to State and local agencies?
disposal agency.
on National Parks, Historic Sites,
No, the Airport and Airway Buildings, and Monuments shall be § 102–75.470 What action must NPS take
Development Act of 1970, as amended determined to be suitable or desirable after an eligible public agency has
for use as a historic monument. submitted an application for conveyance of
(49 U.S.C. 47101–47131) (Airport Act of surplus property for use as a historic
1970), does not apply to the transfer of § 102–75.455 May historic monuments be monument?
airports to State and local agencies. The used for revenue-producing activities?
transfer of airports to State and local NPS must promptly—
The disposal agency may authorize
agencies may be made only under the use of historic monuments conveyed (a) Submit the Secretary of the
section 13(g) of the Surplus Property under 40 U.S.C. 550(h) or the Surplus Interior’s determination to the disposal
Act of 1944 (49 U.S.C. 47151–47153). Property Act of 1944, as amended, for agency; or
Only property that the landholding revenue-producing activities, if the (b) Inform the disposal agency that no
agency determines cannot be reported Secretary of the Interior— such recommendation will be
excess to GSA for disposal under Title (a) Determines that the activities, submitted.
40, but nevertheless may be made described in the applicant’s proposed
available for use by a State or local program of use, are compatible with the § 102–75.475 What happens after the
use of the property for historic disposal agency receives the Secretary of
public body as a public airport without the Interior’s determination for disposal of
being inconsistent with the Federal monument purposes;
(b) Approves the grantee’s plan for the surplus property for a historic
program of the landholding agency, may monument and compatible revenue-
be conveyed under the Airport Act of repair, rehabilitation, restoration, and producing activities?
maintenance of the property;
1970. In the latter instance, the Airport
(c) Approves the grantee’s plan for The head of the disposal agency or his
Act of 1970 may be used to transfer non- financing the repair, rehabilitation, or her designee may convey to an
excess land for airport development restoration, and maintenance of the eligible public agency surplus property
purposes provided it does not constitute property. DOI must not approve the determined by the Secretary of the
an entire airport. An entire, existing and plan unless it provides that all income Interior to be suitable and desirable for
established airport can only be disposed in excess of costs of repair, use as a historic monument for the
of to a State or eligible local government rehabilitation, restoration, maintenance, benefit of the public and for compatible
under section 13(g) of the Surplus and a specified reasonable profit or revenue-producing activities subject to
Property Act of 1944. payment that may accrue to a lessor, the provisions of 40 U.S.C. 550(h).
§ 102–75.480 Who has the responsibility comprehensive and coordinated plan of § 102–75.505 Is the request for educational
for enforcing compliance with the terms use and procurement for the property, or public health use of a property by an
and conditions of disposal for surplus eligible nonprofit institution contingent
must be coordinated with the
property conveyed for use as a historic upon the disposal agency’s approval?
monument? Department of Education (ED) or the
Yes, eligible non-profit organizations
Department of Health and Human
The Secretary of the Interior has the will only receive surplus real property
Services (HHS), as appropriate. The
responsibility for enforcing compliance for an educational or public health use
with the terms and conditions of such notice must also let eligible public if the disposal agency approves or grants
a disposal. DOI is also responsible for agencies know where to obtain the the assignment request from either ED
reforming, correcting, or amending any applications, instructions for preparing or HHS. The disposal agency will also
disposal instrument; granting releases; them, and where to submit the consider other uses for available surplus
and any action necessary for recapturing application. The requirement for real property, taking into account the
the property using the provisions of 40 educational or public health use of the highest and best use determination. Any
U.S.C. 550(b). The actions are subject to property by an eligible public agency is subsequent transfer is subject to the
the approval of the head of the disposal contingent upon the disposal agency’s approval of the head of the disposal
agency. approval, under § 102–75.515, of a agency as stipulated under 40 U.S.C.
recommendation for assignment of 550(c) or (d) and referenced in this part.
§ 102–75.485 What happens if property Federal surplus real property received
that was conveyed for use as a historic § 102–75.510 When must the Department
monument is revested in the United States? from ED or HHS. Further, any of Education and the Department of Health
subsequent transfer is subject to the and Human Services notify the disposal
In such a case, DOI must notify the
approval of the head of the disposal agency that an eligible applicant is
appropriate GSA Public Buildings
Service (PBS) Regional Office agency as stipulated under 40 U.S.C. interested in acquiring the property?
immediately by letter when title to the 550(c) or (d) and referenced in § 102– ED and HHS must notify the disposal
historic property is to be revested in the 75.535. agency if it has an eligible applicant
United States for noncompliance with interested in acquiring the property
§ 102–75.495 May the Department of within 30 calendar days after the date of
the terms and conditions of disposal or Education (ED) or the Department of Health
for other cause. The notification must the surplus notice. Then, after the 30-
and Human Services (HHS) notify nonprofit
cite the legal and administrative actions day period expires, ED or HHS has 30
organizations that surplus real property and
that DOI must take to obtain full title related personal property is available for
calendar days to review and approve an
and possession of the property. In educational and public health purposes? application and request assignment of
addition, it must include an adequate the property, or inform the disposal
description of the property, including Yes, ED or HHS may notify eligible agency that no assignment request will
any improvements constructed since the non-profit institutions that such be forthcoming.
original conveyance to the grantee. After property has been determined to be
§ 102–75.515 What action must the
receiving a statement from DOI that title surplus. Notices to eligible non-profit
disposal agency take after an eligible public
to the property is proposed for institutions must require eligible non- agency has submitted a plan of use for
revesting, GSA will review the profit institutions to coordinate any property for an educational or public health
statement and determine if title should request for educational or public health requirement?
be revested. If GSA, in consultation with use of the property with the appropriate When an eligible public agency
DOI, determines that the property public agency responsible for submits a plan of use for property for an
should be revested, DOI must submit a developing and submitting a educational or public health
Report of Excess Real Property, comprehensive and coordinated plan of requirement, the disposal agency must
Standard Form 118 to GSA. GSA will use and procurement for the property. transmit two copies of the plan to the
review and act upon the Standard Form regional office of ED or HHS, as
118, if acceptable. However, the grantee § 102–75.500 Which Federal agencies may appropriate. The ED or HHS must
must provide protection and the head of the disposal agency (or his or submit to the disposal agency, within 30
her designee) assign for disposal surplus
maintenance of the property until the calendar days after the date the plan is
real property to be used for educational and
title reverts to the Federal Government, transmitted, a recommendation for
public health purposes?
including the period of the notice of assignment of the property to the
intent to revert. Such protection and The head of the disposal agency or his Secretary of ED or HHS, as appropriate,
maintenance must, at a minimum, designee may— or must inform the disposal agency,
conform to the standards prescribed in (a) Assign to the Secretary of ED for within the 30–calendar day period, that
the GSA Customer Guide to Real disposal under 40 U.S.C. 550(c) surplus a recommendation will not be made for
Property Disposal. real property, including buildings, assignment of the property to ED or
HHS. If, after considering other uses for
Property for Educational and Public fixtures, and equipment, as
the property, the disposal agency
Health Purposes recommended by the Secretary as being
approves the assignment
needed for school, classroom, or other
§ 102–75.490 Who must notify eligible recommendation from ED or HHS, it
public agencies that surplus real property
educational use; or must assign the property by letter or
for educational and public health purposes (b) Assign to the Secretary of HHS for other document to the Secretary of ED
is available? disposal under 40 U.S.C. 550 (d) such or HHS, as appropriate. The disposal
The disposal agency must notify surplus real property, including agency must furnish to the landholding
eligible public agencies that surplus buildings, fixtures, and equipment agency a copy of the assignment, unless
property is available for educational situated thereon, as recommended by the landholding agency is also the
and/or public health purposes. The the Secretary as being needed for use in disposal agency. If the recommendation
notice must require that any plans for an the protection of public health, is disapproved, the disposal agency
educational or public health use, including research. must likewise notify the appropriate
resulting from the development of the Department.
§ 102–75.520 What must the Department of (d) and all related documents containing Property for Providing Self-Help
Education or the Department of Health and restrictions or conditions regulating the Housing or Housing Assistance
Human Services address in the assignment future use, maintenance or transfer of
recommendation that is submitted to the § 102–75.550 What does ‘‘self-help
disposal agency? the property. housing or housing assistance’’ mean?
Any assignment recommendation that § 102–75.540 Who is responsible for Property for self-help housing or
ED or HHS submits to the disposal enforcing compliance with the terms and housing assistance (which is separate
agency must provide complete conditions of the transfer for educational or from the program under Title V of the
information concerning the educational public health purposes? McKinney-Vento Homeless Assistance
or public health use, including— Act covered in subpart H of this part) is
(a) Identification of the property; ED or HHS, as appropriate, is property for low-income housing
(b) The name of the applicant and the responsible for enforcing compliance opportunities through the construction,
size and nature of its program; with the terms and conditions of rehabilitation, or refurbishment of
(c) The specific use planned; transfer. ED or HHS is also responsible housing, under terms that require that—
(d) The intended public benefit for reforming, correcting, or amending (a) Any individual or family receiving
allowance; any transfer instruments; granting housing or housing assistance must
(e) The estimate of the value upon releases; and for taking any necessary contribute a significant amount of labor
which such proposed allowance is actions for recapturing the property toward the construction, rehabilitation,
based; and using or following the provisions of 40 or refurbishment; and
(f) An explanation if the acreage or U.S.C. 550(b). These actions are subject (b) Dwellings constructed,
value of the property exceeds the to the approval of the head of the rehabilitated, or refurbished must be
standards established by the Secretary. disposal agency. ED or HHS must notify quality dwellings that comply with local
§ 102–75.525 What responsibilities do the disposal agency of its intent to take building and safety codes and standards
landholding agencies have concerning any actions to recapture the property. and must be available at prices below
properties to be used for educational and The notice must identify the property prevailing market prices.
public health purposes? affected, describe in detail the proposed § 102–75.555 Which Federal agency
Landholding agencies must cooperate action, and state the reasons for the receives the property assigned for self-help
to the fullest extent possible with proposed action. housing or housing assistance for low-
representatives of ED or HHS in their income individuals or families?
inspection of such property and in § 102–75.545 What happens if property The head of the disposal agency, or
furnishing information relating to the that was transferred to meet an educational designee, may assign, at his/her
property. or public health requirement is revested in
discretion, surplus real property,
the United States for noncompliance with
§ 102–75.530 What happens if the
including buildings, fixtures, and
the terms of sale, or other cause?
Department of Education or the Department equipment to the Secretary of the
of Health and Human Services does not In each case of repossession under a Department of Housing and Urban
approve any applications for conveyance of terminated lease or reversion of title for Development (HUD).
the property for educational or public health noncompliance with the terms or
purposes? § 102–75.560 Who notifies eligible public
conditions of sale or other cause, ED or agencies that real property to be used for
In the absence of an approved HHS must, prior to repossession or self-help housing or housing assistance
application from ED or HHS to convey reversion of title, provide the purposes is available?
the property for educational or public appropriate GSA regional property The disposal agency must notify
health purposes, which must be disposal office with an accurate eligible public agencies that surplus
received within the 30 calendar day description of the real and related property is available. The notice must
time limit, the disposal agency will personal property involved using the require that any plans for self-help
proceed with other disposal actions. Report of Excess Real Property housing or housing assistance use
§ 102–75.535 What responsibilities does (Standard Form 118), and the resulting from the development of the
the Department of Education or the appropriate schedules. After receiving a comprehensive and coordinated plan of
Department of Health and Human Services statement from ED or HHS that the use and procurement for the property
have after receiving the disposal agency’s property is proposed for revesting, GSA must be coordinated with HUD. Eligible
assignment letter? will review the statement and determine public agencies may obtain an
After receiving the disposal agency’s if title should be revested. If GSA, in application form and instructions for
assignment letter, ED or HHS must conjunction with ED or HHS, preparing and submitting the
furnish the disposal agency with a determines that the property should be application from HUD.
Notice of Proposed Transfer within 30 revested, ED or HHS must submit a § 102–75.565 Is the requirement for self-
calendar days. If the disposal agency Standard Form 118 to GSA. GSA will help housing or housing assistance use of
approves the proposed transfer within review and act upon the Standard Form the property by an eligible public agency or
30 days of receiving the Notice of non-profit organization contingent upon the
118, if acceptable. However, the grantee
Proposed Transfer, ED or HHS may disposal agency’s approval of an
must provide protection and
prepare the transfer documents and assignment recommendation from the
maintenance for the property until the
proceed with the transfer. ED or HHS Department of Housing and Urban
must take all necessary actions to title reverts to the Federal Government, Development (HUD)?
accomplish the transfer within 15– including the period of any notice of Yes, the requirement for self-help
calendar days beginning when the intent to revert. Such protection and housing or housing assistance use of the
disposal agency approves the transfer. maintenance must, at a minimum, property by an eligible public agency or
ED or HHS must furnish the disposal conform to the standards prescribed in nonprofit organization is contingent
agency two conformed copies of deeds, the GSA Customer Guide to Real upon the disposal agency’s approval
leases or other instruments conveying Property Disposal. under § 102–75.585 of HUD’s
the property under 40 U.S.C. 550(c) or assignment recommendation/request.
Any subsequent transfer is subject to the copy of the assignment, unless the § 102–75.610 Who is responsible for
approval of the head of the disposal landholding agency is also the disposal enforcing compliance with the terms and
agency as stipulated under 40 U.S.C. agency. If the disposal agency conditions of the transfer of the property for
self-help housing or housing assistance
550(f) and referenced in § 102–75.605. disapproves the recommendation, the
use?
disposal agency must likewise notify the
§ 102–75.570 What happens if the disposal
Secretary of HUD. HUD is responsible for enforcing
agency does not approve the assignment compliance with the terms and
recommendation? § 102–75.590 What does the assignment conditions of transfer. HUD is also
If the recommendation is not recommendation contain? responsible for reforming, correcting, or
approved, the disposal agency must also Any assignment recommendation that amending any transfer instrument;
notify the Secretary of HUD and then HUD submits to the disposal agency granting releases; and for taking any
may proceed with other disposal action. must set forth complete information necessary actions for recapturing the
concerning the self-help housing or property using the provisions of 40
§ 102–75.575 Who notifies non-profit
organizations that surplus real property and housing assistance use, including— U.S.C. 550(b). These actions are subject
related personal property to be used for (a) Identification of the property; to the approval of the head of the
self-help housing or housing assistance (b) Name of the applicant and the size disposal agency. HUD must notify the
purposes is available? and nature of its program; head of the disposal agency of its intent
HUD notifies eligible non-profit (c) Specific use planned; to take action to recapture the property.
organizations, following guidance in the (d) Intended public benefit allowance; The notice must identify the property
GSA Customer Guide to Real Property (e) Estimate of the value upon which affected, describe in detail the proposed
Disposal. Such notices must require such proposed allowance is based; and action, and state the reasons for the
eligible nonprofit organizations to— (f) An explanation, if the acreage or proposed action.
(a) Coordinate any requirement for value of the property exceeds the
§ 102–75.615 Who is responsible for
self-help housing or housing assistance standards established by the Secretary. enforcing compliance with the terms and
use of the property with the appropriate conditions of property transferred under
public agency; and § 102–75.595 What responsibilities do
landholding agencies have concerning section 414(a) of the 1969 HUD Act?
(b) Declare to the disposal agency an
properties to be used for self-help housing HUD maintains responsibility for
intent to develop and submit a or housing assistance use? properties previously conveyed under
comprehensive and coordinated plan of
Landholding agencies must cooperate section 414(a) of the 1969 HUD Act.
use and procurement for the property.
to the fullest extent possible with HUD Property transferred to an entity other
§ 102–75.580 When must HUD notify the representatives in their inspection of than a public body and used for any
disposal agency that an eligible applicant is such property and in furnishing purpose other than that for which it was
interested in acquiring the property? information relating to such property. sold or leased within a 30-year period
HUD must notify the disposal agency must revert to the United States. If the
within 30 calendar days after the date of § 102–75.600 What happens if HUD does property was leased, then the lease
the surplus notice. Then, after the 30- not approve any applications for self-help terminates. The appropriate Secretary
housing or housing assistance use?
day period expires, HUD has 30 (HUD or Department of Agriculture) and
calendar days to review and approve an In the absence of an approved the Administrator of GSA can approve
application and request assignment or application from HUD for self-help the new use of the property after the
inform the disposal agency that no housing or housing assistance use, first 20 years of the original 30-year
assignment request is forthcoming. which must be received within the 30– period has expired.
calendar day time limit specified
§ 102–75.585 What action must the therein, the disposal agency must § 102–75.620 What happens if property
disposal agency take after an eligible public proceed with other disposal action. that was transferred to meet a self-help
agency has submitted a plan of use for housing or housing assistance use
property for a self-help housing or housing § 102–75.605 What responsibilities does requirement is found to be in
assistance requirement? HUD have after receiving the disposal noncompliance with the terms of sale?
When an eligible public agency agency’s assignment letter? In each case of repossession under a
submits a plan of use for property for a After receiving the disposal agency’s terminated lease or reversion of title for
self-help housing or housing assistance assignment letter, HUD must furnish the noncompliance with the terms or
requirement, the disposal agency must disposal agency with a Notice of conditions of sale or other cause, HUD
transmit two copies of the plan to the Proposed Transfer within 30 calendar (or USDA for property conveyed
appropriate HUD regional office. HUD days. If the disposal agency approves through the former Farmers Home
must submit to the disposal agency, the proposed transfer within 30 Administration program under section
within 30 calendar days after the date calendar days of receiving the Notice of 414(a) of the 1969 HUD Act) must, prior
the plan is transmitted, a Proposed Transfer, HUD may prepare to repossession or reversion of title,
recommendation for assignment of the the transfer documents and proceed provide the appropriate GSA regional
property to the Secretary of HUD, or with the transfer. HUD must take all office with an accurate description of
must inform the disposal agency, within necessary actions to accomplish the the real and related personal property
the 30–calendar day period, that a transfer within 15 calendar days involved using the Report of Excess Real
recommendation will not be made for beginning when the disposal agency Property (Standard Form 118), and the
assignment of the property to HUD. If, approves the transfer. HUD must furnish appropriate schedules. After receiving a
after considering other uses for the the disposal agency two conformed statement from HUD (or USDA) that title
property, the disposal agency approves copies of deeds, leases or other to the property is proposed for
the assignment recommendation from instruments conveying the property revesting, GSA will review the
HUD, it must assign the property by under 40 U.S.C. 550(f) and all related statement and determine if title should
letter or other document to the Secretary documents containing restrictions or be revested. If GSA, in conjunction with
of HUD. The disposal agency must conditions regulating the future use, HUD (or USDA), determines that the
furnish to the landholding agency a maintenance or transfer of the property. property should be revested, HUD (or
USDA) must submit a Standard Form § 102–75.645 What responsibilities do transfer within 30 calendar days, the
118 to GSA. GSA will review and act landholding agencies have concerning Secretary may proceed with the transfer.
upon the Standard Form 118, if properties to be used for public park or DOI must take all necessary actions to
recreation purposes? accomplish the transfer within 15
acceptable. However, the grantee must
provide protection and maintenance for Landholding agencies must cooperate calendar days after the expiration of the
to the fullest extent possible with DOI 30–calendar day period provided for the
the property until the title reverts to the
representatives in their inspection of the disposal agency to consider the notice.
Federal Government, including the
property and in furnishing information DOI may place the applicant in
period of any notice of intent to revert. relating to the property.
Such protection and maintenance must, possession of the property as soon as
at a minimum, conform to the standards § 102–75.650 When must DOI request practicable to minimize the
prescribed in the GSA Customer Guide assignment of the property? Government’s expense of protection and
to Real Property Disposal. Within 30 calendar days after the maintenance of the property. As of the
expiration of the 30–calendar day date the applicant takes possession of
Property for Use as Public Park or period specified in § 102–75.640, DOI the property, or the date it is conveyed,
Recreation Areas must submit to the disposal agency an whichever occurs first, the applicant
assignment recommendation along with must assume responsibility for care and
§ 102–75.625 Which Federal agency is handling and all risks of loss or damage
assigned surplus real property for public a copy of the application or inform the
disposal agency that a recommendation to the property, and has all obligations
park or recreation purposes? and liabilities of ownership. DOI must
will not be made for assignment of the
The head of the disposal agency or his property. furnish the disposal agency two
or her designee is authorized to assign conformed copies of deeds, leases, or
to the Secretary of the Interior for § 102–75.655 What does the assignment other instruments conveying property
recommendation contain? under 40 U.S.C. 550(e) and related
disposal under 40 U.S.C. 550(e), surplus
real property, including buildings, Any recommendation submitted by documents containing reservations,
fixtures, and equipment as DOI must provide complete information restrictions, or conditions regulating the
recommended by the Secretary as being concerning the plans for use of the future use, maintenance or transfer of
property as a public park or recreation the property.
needed for use as a public park or
area, including—
recreation area for conveyance to a (a) Identification of the property; § 102–75.675 What responsibilities does
State, political subdivision, (b) The name of the applicant; the grantee or recipient of the property have
instrumentalities, or municipality. (c) The specific use planned; and in accomplishing or completing the
(d) The intended public benefit transfer?
§ 102–75.630 Who must disposal agencies Where appropriate, the disposal
allowance.
notify that real property for public park or agency may make the assignment
recreation purposes is available? § 102–75.660 What happens if DOI does subject to DOI requiring the grantee or
not approve any applications or does not recipient to bear the cost of any out-of-
The disposal agency must notify submit an assignment recommendation?
established State, regional, or pocket expenses necessary to
If DOI does not approve any accomplish the transfer, such as for
metropolitan clearinghouses and
applications or does not submit an surveys, fencing, security of the
eligible public agencies that surplus assignment recommendation to convey
property is available for use as a public remaining property, or otherwise.
the property for public park or
park or recreation area. The disposal recreation purposes, the disposal agency § 102–75.680 What information must be
agency must transmit the landholding must proceed with other disposal included in the deed of conveyance of any
agency’s Report of Excess Real Property action. surplus property transferred for public park
(Standard Form 118, with or recreation purposes?
accompanying schedules) with the copy § 102–75.665 What happens after the The deed of conveyance of any
of each notice sent to a regional or field disposal agency receives the assignment surplus real property transferred for
recommendation from DOI? public park and recreation purposes
office of the National Park Service (NPS)
of the Department of the Interior (DOI). If, after considering other uses for the under 40 U.S.C. 550(e) must require that
property, the disposal agency approves the property be used and maintained for
§ 102–75.635 What information must the the assignment recommendation from the purpose for which it was conveyed
Department of the Interior (DOI) furnish DOI, it must assign the property by in perpetuity. In the event that the
eligible public agencies? letter or other document to the Secretary property ceases to be used or
of the Interior. The disposal agency maintained for that purpose, all or any
Upon request, DOI must furnish
must furnish to the landholding agency portion of such property will in its
eligible public agencies with an
a copy of the assignment, unless the existing condition, at the option of the
application form to acquire property for landholding agency is also the disposal United States, revert to the United
permanent use as a public park or agency. If the recommendation is States. The deed of conveyance may
recreation area and preparation disapproved, the disposal agency must contain additional terms, reservations,
instructions for the application. likewise notify the Secretary. restrictions, and conditions determined
§ 102–75.640 When must DOI notify the by the Secretary of the Interior to be
§ 102–75.670 What responsibilities does
disposal agency that an eligible applicant is DOI have after receiving the disposal necessary to safeguard the interests of
interested in acquiring the property? agency’s assignment letter? the United States.
DOI must notify the disposal agency After receiving the disposal agency’s § 102–75.685 Who is responsible for
if it has an eligible applicant interested assignment letter, the Secretary of the enforcing compliance with the terms and
in acquiring the property within 30 Interior must provide the disposal conditions of the transfer of property used
agency with a Notice of Proposed for public park or recreation purposes?
calendar days from the date of the
surplus notice. Transfer within 30 calendar days. If the The Secretary of the Interior is
disposal agency approves the proposed responsible for enforcing compliance
with the terms and conditions of to a State agency to provide replacement is required to house displaced persons
transfer. The Secretary of the Interior is housing under title II of the Relocation authorized by section 218; that all other
also responsible for reforming, Act for persons who are or will be options authorized under title II of the
correcting, or amending any transfer displaced by Federal or Federally Relocation Act have been explored and
instrument; granting releases; and for assisted projects. replacement housing cannot be found or
recapturing any property following the made available through those channels;
§ 102–75.700 Which Federal agencies may and that the Federal or Federally
provisions of 40 U.S.C. 550(b). These
solicit applications from eligible State
actions are subject to the approval of the agencies interested in acquiring the
assisted project cannot be accomplished
head of the disposal agency. DOI must property to provide replacement housing unless the property is made available for
notify the head of the disposal agency for persons being displaced by Federal or replacement housing;
of its intent to take or recapture the Federally assisted projects? (d) Any special terms and conditions
property. The notice must identify the After receiving the surplus notice, any that the Federal agency deems necessary
property affected and describe in detail Federal agency needing property for to include in conveyance instruments to
the proposed action, including the replacement housing for displaced ensure that the property is used for the
reasons for the proposed action. persons may solicit applications from intended purpose;
eligible State agencies. (e) The name and proposed location
§ 102–75.690 What happens if property of the Federal or Federally assisted
that was transferred for use as a public park § 102–75.705 When must the Federal project that is creating the requirement;
or recreation area is revested in the United agency notify the disposal agency that an (f) Purpose of the project;
States by reason of noncompliance with the eligible State agency is interested in (g) Citation of enabling legislation or
terms or conditions of disposal, or for other acquiring the property under section 218?
cause?
authorization for the project, when
Federal agencies must notify the appropriate;
DOI must notify the appropriate GSA disposal agency within 30 calendar days (h) A detailed outline of steps taken
regional office immediately by letter after the date of the surplus notice, if an to obtain replacement housing for
when title to property transferred for eligible State agency is interested in displaced persons as authorized under
use as a public park or recreation area acquiring the property under section title II of the Relocation Act; and
is to be revested in the United States for 218 of the Relocation Act. (i) Details of the arrangements that
noncompliance with the terms or have been made to construct
conditions of disposal or for other § 102–75.710 What responsibilities do replacement housing on the surplus
cause. The notification must cite the landholding and disposal agencies have
property and to ensure that displaced
legal and administrative actions that concerning properties used for providing
replacement housing for persons who will persons will be provided housing in the
DOI must take to obtain full title and development.
be displaced by Federal or Federally
possession of the property. In addition, assisted projects?
it must include an adequate description § 102–75.730 What happens if a Federal
Both landholding and disposal agency does not submit a transfer request
of the property, using the Report of
agencies must cooperate, to the fullest to the disposal agency for property to be
Excess Real Property (Standard Form
extent possible, with Federal and State used for replacement housing for persons
118) and the appropriate schedules. who will be displaced by Federal or
agency representatives in their
After receiving notice from DOI that title Federally assisted projects?
inspection of the property and in
to the property is proposed for If the disposal agency does not receive
furnishing information relating to the
revesting, GSA will review the a request for assignment or transfer of
property.
statement and determine if title should the property under § 102–75.715, then
be revested. If GSA, in consultation with § 102–75.715 When can a Federal agency the disposal agency must proceed with
DOI, determines that the property request transfer of the property to the other appropriate disposal actions.
should be revested, DOI must submit a selected State agency?
Standard Form 118 to GSA. GSA will Federal agencies must advise the § 102–75.735 What happens after the
review and act upon the Standard Form disposal agency and request transfer of disposal agency receives the transfer
118, if acceptable. However, the grantee the property to the selected State agency request from the Federal agency?
must provide protection and within 30 calendar days after the If, after considering other uses for the
maintenance for the property until the expiration of the 30–calendar day property, the disposal agency
title reverts to the Federal Government, period specified in § 102–75.705. determines that the property should be
including the period of any notice of made available for replacement housing
intent to revert. Such protection and § 102–75.720 Is there a specific or under section 218, it must transfer the
preferred format for the transfer request property to the designated State agency
maintenance must, at a minimum, and who should receive it?
conform to the standards prescribed in on such terms and conditions as will
Any request submitted by a Federal protect the United States’ interests,
the GSA Customer Guide to Real
agency must be in the form of a letter including the payment or the agreement
Property Disposal.
addressed to the appropriate GSA to pay to the United States all amounts
Property for Displaced Persons Public Buildings Service (PBS) regional received by the State agency from any
property disposal office. sale, lease, or other disposition of the
§ 102–75.695 Who can receive surplus real
property for the purpose of providing § 102–75.725 What does the transfer property for such housing. The sale,
replacement housing for persons who are request contain? lease, or other disposition of the
to be displaced by Federal or Federally Any transfer request must include— property by the State agency must be at
assisted projects? (a) Identification of the property by the fair market value as approved by the
Section 218 of the Uniform Relocation name, location, and control number; disposal agency, unless a compelling
Assistance and Real Property (b) The name and address of the justification is offered for disposal of the
Acquisition Policies Act of 1970, as specific State agency and a copy of the property at less than fair market value.
amended, 42 U.S.C. 4638 (the State agency’s application or proposal; Disposal of the property at less than fair
Relocation Act), authorizes the disposal (c) A certification by the appropriate market value must also be approved by
agency to transfer surplus real property Federal agency official that the property the disposal agency.
§ 102–75.740 Does the State agency have § 102–75.760 Who must the Office of disposal agency of the need for the
any responsibilities in helping to Justice Programs (OJP) and the Federal property. If no application is approved,
accomplish the transfer of the property? Emergency Management Agency (FEMA) then OJP or FEMA must notify the
Yes, the State agency is required to notify that surplus real property is available disposal agency that there is no
bear the costs of any out-of-pocket for correctional facility, law enforcement, or
emergency management response
requirement for the property within the
expenses necessary to accomplish the 30–calendar day period allotted for
purposes?
transfer, such as costs of surveys, review and approval.
fencing, or security of the remaining OJP or FEMA must send notices of
property. availability to the appropriate State and § 102–75.785 What specifically must DOJ
local public agencies. The notices must or FEMA address in the assignment request
§ 102–75.745 What happens if the property state that OJP or FEMA, as appropriate, or recommendation that is submitted to the
transfer request is not approved by the must coordinate and approve any disposal agency?
disposal agency? planning involved in developing a Any determination that DOJ or FEMA
If the request is not approved, the comprehensive and coordinated plan of submits to the disposal agency must
disposal agency must notify the Federal use and procurement for the property provide complete information
agency requesting the transfer. The for correctional facility, law concerning the correctional facility, law
disposal agency must furnish a copy of enforcement, or emergency management enforcement, or emergency management
the notice of disapproval to the response use. The notice must also state response use, including—
landholding agency. that public agencies may obtain (a) Identification of the property;
Property for Correctional Facility, Law application forms and preparation (b) Certification that the property is
Enforcement, or Emergency instructions from OJP or FEMA. required for correctional facility, law
Management Response Purposes § 102–75.765 What does the term ‘‘law enforcement, or emergency management
enforcement’’ mean? response use;
§ 102–75.750 Who is eligible to receive
surplus real and related personal property The OJP defines ‘‘law enforcement’’ as (c) A copy of the approved
for correctional facility, law enforcement, or ‘‘any activity involving the control or application that defines the proposed
emergency management response reduction of crime and juvenile plan of use; and
purposes? delinquency, or enforcement of the (d) The environmental impact of the
Under 40 U.S.C. 553, the head of the criminal law, including investigative proposed correctional facility, law
disposal agency or designee may, in his activities such as laboratory functions as enforcement, or emergency management
or her discretion, convey, without well as training.’’ response use.
monetary consideration, to any State, or
§ 102–75.770 Is the disposal agency § 102–75.790 What responsibilities do
to those governmental bodies named in required to approve a determination by the landholding agencies and disposal
the section; or to any political Department of Justice (DOJ) that identifies agencies have concerning properties to be
subdivision or instrumentality, surplus surplus property for correctional facility use used for correctional facility, law
real and related personal property for— or for law enforcement use? enforcement, or emergency management
(a) Correctional facility purposes, if Yes, the disposal agency must response purposes?
the Attorney General has determined approve a determination, under § 102– Both landholding and disposal
that the property is required for such 75.795, by DOJ that identifies surplus agencies must cooperate to the fullest
purposes and has approved an property required for correctional extent possible with Federal and State
appropriate program or project for the facility use or for law enforcement use agency representatives in their
care or rehabilitation of criminal before an eligible public agency can inspection of such property and in
offenders; obtain such property for correctional furnishing information relating to the
(b) Law enforcement purposes, if the facility or law enforcement use. property.
Attorney General has determined that
the property is required for such § 102–75.775 Is the disposal agency § 102–75.795 What happens after the
purposes; or required to approve a determination by disposal agency receives the assignment
(c) Emergency management response FEMA that identifies surplus property for request by DOJ or FEMA?
purposes, including fire and rescue emergency management response use?
If, after considering other uses for the
services, if the Director of the Federal Yes, the disposal agency must property, the disposal agency approves
Emergency Management Agency approve a determination, under § 102– the assignment request by DOJ or
(FEMA) has determined that the 75.795, by FEMA that identifies surplus FEMA, the disposal agency must convey
property is required for such purposes. property required for emergency the property to the appropriate grantee.
management response use before an The disposal agency must proceed with
§ 102–75.755 Which Federal agencies eligible public agency can obtain such
must the disposal agency notify concerning other disposal action if it does not
property for emergency management approve the assignment request, if DOJ
the availability of surplus properties for
response use. or FEMA does not submit an assignment
correctional facility, law enforcement, or
emergency management response § 102–75.780 When must DOJ or FEMA request, or if the disposal agency does
purposes? notify the disposal agency that an eligible not receive the determination within the
The disposal agency must provide applicant is interested in acquiring the 30 calendar days specified in § 102–
prompt notification to the Office of property? 75.780. The disposal agency must notify
Justice Programs (OJP), Department of OJP or FEMA must notify the disposal OJP or FEMA 15 days prior to any
Justice (DOJ), and FEMA that surplus agency within 30 calendar days after the announcement of a determination to
property is available. The disposal date of the surplus notice, if there is an either approve or disapprove an
agency’s notice or notification must eligible applicant interested in acquiring application for correctional, law
include a copy of the landholding the property. After that 30–calendar day enforcement, or emergency management
agency’s Report of Excess Real Property period expires, OJP or FEMA then has response purposes and must furnish to
(Standard Form 118), with another 30 days to review and approve OJP or FEMA a copy of the conveyance
accompanying schedules. an appropriate program and notify the documents.
§ 102–75.800 What information must be consultation with OJP or FEMA, facility must contact the Department of
included in the deed of conveyance? determines that the property should be Transportation, Maritime
The deed of conveyance of any revested, OJP or FEMA must submit a Administration, for the application and
surplus real property transferred under Standard Form 118 to GSA. GSA will instructions;
the provisions of 40 U.S.C. 553 must review and act upon the Standard Form (c) That the disposal agency must
provide that all property be used and 118, if acceptable. However, the grantee approve a recommendation from DOT
maintained for the purpose for which it must provide protection and before it can assign the property to DOT
was conveyed in perpetuity. If the maintenance for the property until the (see § 102–75.905); and
property ceases to be used or title reverts to the Federal Government, (d) That any subsequent conveyance
maintained for that purpose, all or any including the period following any is subject to the approval of the head of
portion of the property must, at the notice of intent to revert. Such the disposal agency as stipulated under
option of the United States, revert to the protection and maintenance must, at a 40 U.S.C. 554 and referenced in § 102–
United States in its existing condition. minimum, conform to the standards 75.865.
The deed of conveyance may contain prescribed in the GSA Customer Guide
§ 102–75.835 When must DOT notify the
additional terms, reservations, to Real Property Disposal. disposal agency that an eligible applicant is
restrictions, and conditions the interested in acquiring the property?
Administrator of General Services Property for Port Facility Use
DOT must notify the disposal agency
determines to be necessary to safeguard § 102–75.820 Which Federal agency is within 30 calendar days after the date of
the United States’ interests. eligible to receive surplus real and related the surplus notice if there is an eligible
personal property for the development or
§ 102–75.805 Who is responsible for operation of a port facility?
applicant interested in acquiring the
enforcing compliance with the terms and property. After that 30–calendar day
Under 40 U.S.C. 554, the
conditions of the transfer of the property period expires, DOT then has another 30
used for correctional facility, law Administrator of General Services, the
calendar days to review and approve
enforcement, or emergency management Secretary of the Department of Defense
applications and notify the disposal
response purposes? (in the case of property located at a
agency of the need for the property. If
The Administrator of General Services military installation closed or realigned
no application is approved, then DOT
is responsible for enforcing compliance pursuant to a base closure law), or their
must notify the disposal agency that
with the terms and conditions of designee, may assign to the Secretary of
there is no requirement for the property
disposals of property to be used for the Department of Transportation (DOT)
within the same 30–calendar day period
correctional facility, law enforcement, for conveyance, without monetary
allotted for review and approval.
or emergency management response consideration, to any State, or to
purposes. GSA is also responsible for governmental bodies, any political § 102–75.840 What action must the
reforming, correcting, or amending any subdivision, municipality, or disposal agency take after an eligible public
disposal instrument; granting releases; instrumentality, surplus real and related agency has submitted a plan of use for and
personal property, including buildings, an application to acquire a port facility
and any action necessary for recapturing property?
the property following the provisions of fixtures, and equipment situated on the
40 U.S.C. 553(e). property, that DOT recommends as Whenever an eligible public agency
being needed for the development or has submitted a plan of use for a port
§ 102–75.810 What responsibilities do OJP operation of a port facility. facility requirement, the disposal agency
or FEMA have if they discover any must transmit two copies of the plan to
information indicating a change in use of a § 102–75.825 Who must the disposal DOT. DOT must either submit to the
transferred property? agency notify when surplus real and related disposal agency, within 30 calendar
Upon discovery of any information personal property is available for port days after the date the plan is
indicating a change in use, OJP or facility use?
transmitted, a recommendation for
FEMA must— The disposal agency must notify assignment of the property to DOT, or
(a) Notify GSA; and established State, regional or inform the disposal agency, within the
(b) Upon request, make a metropolitan clearinghouses and 30–calendar day period, that a
redetermination of continued eligible public agencies that surplus real recommendation will not be made for
appropriateness of the use of a property is available for the assignment of the property to DOT.
transferred property. development or operation of a port
facility. The disposal agency must § 102–75.845 What must DOT address in
§ 102–75.815 What happens if property transmit a copy of the notice to DOT the assignment recommendation submitted
conveyed for correctional facility, law and a copy of the landholding agency’s to the disposal agency?
enforcement, or emergency management Any assignment recommendation that
Report of Excess Real Property
response purposes is found to be in
(Standard Form 118 and supporting DOT submits to the disposal agency
noncompliance with the terms of the
conveyance documents? schedules). must provide complete information
concerning the contemplated port
OJP or FEMA must, prior to the § 102–75.830 What does the surplus notice facility use, including—
repossession, provide the appropriate contain? (a) An identification of the property;
GSA regional property disposal office Surplus notices to eligible public (b) An identification of the applicant;
with an accurate description of the real agencies must state— (c) A copy of the approved
and related personal property involved. (a) That public agencies must application, which defines the proposed
OJP or FEMA must use the Report of coordinate any planning involved in the plan of use of the property;
Excess Real Property (Standard Form development of the comprehensive and (d) A statement that DOT’s
118), and the appropriate schedules for coordinated plan of use and determination (that the property is
this purpose. After receiving a statement procurement of property, with DOT, the located in an area of serious economic
from OJP or FEMA that the title to the Secretary of Labor, and the Secretary of disruption) was made in consultation
property is proposed for revesting, GSA Commerce; with the Secretary of Labor;
will review the statement and determine (b) That any party interested in (e) A statement that DOT approved
if title should be revested. If GSA, in acquiring the property for use as a port the economic development plan,
associated with the plan of use of the future use, maintenance, or transfer of value of the property and other
property, in consultation with the the property. satisfactory terms of disposal are
Secretary of Commerce; and obtainable by negotiation;
(f) A copy of the explanatory § 102–75.870 Who is responsible for (d) The disposals will be to States, the
enforcing compliance with the terms and
statement, required under 40 U.S.C. Commonwealth of Puerto Rico,
conditions of the port facility conveyance?
554(c)(2)(C). possessions, political subdivisions, or
DOT is responsible for enforcing tax-supported agencies therein, and the
§ 102–75.850 What responsibilities do compliance with the terms and estimated fair market value of the
landholding agencies have concerning conditions of conveyance, including property and other satisfactory terms of
properties to be used in the development or reforming, correcting, or amending any
operation of a port facility? disposal are obtainable by negotiation.
instrument of conveyance; granting Negotiated sales to public bodies can
Landholding agencies must cooperate releases; and taking any necessary only be conducted if a public benefit,
to the fullest extent possible with DOT actions to recapture the property which would not be realized from a
representatives and the Secretary of following the provisions of 40 U.S.C. competitive sale, will result from the
Commerce in their inspection of such 554(f). Any of these actions are subject negotiated sale; or
property, and with the Secretary of to the approval of the head of the (e) Negotiation is otherwise
Labor in affirming that the property is disposal agency. DOT must notify the authorized by Chapter 5 of Subtitle I of
in an area of serious economic head of the disposal agency of its intent Title 40 of the United States Code or
disruption, and in furnishing any to take any proposed action, identify the other law, such as disposals of power
information relating to such property. property affected, and describe in detail transmission lines for public or
the proposed action, including the cooperative power projects.
§ 102–75.855 What happens if DOT does
not submit an assignment reasons for the proposed action.
§ 102–75.885 What are the disposal
recommendation? § 102–75.875 What happens in the case of agency’s responsibilities concerning
If DOT does not submit an assignment repossession by the United States under a negotiated sales?
recommendation or if it is not received reversion of title for noncompliance with The disposal agency must—
within 30 calendar days, the disposal the terms or conditions of conveyance? (a) Obtain such competition as is
agency must proceed with other In each case of a repossession by the feasible in all negotiations of disposals
disposal action. United States, DOT must, at or prior to and contracts for disposal of surplus
reversion of title, provide the property; and
§ 102–75.860 What happens after the
appropriate GSA regional property (b) Prepare and transmit an
disposal agency receives the assignment
recommendation from DOT? disposal office, with a Report of Excess explanatory statement if the fair market
Real Property (Standard Form 118) and value of the property exceeds $100,000,
If, after considering other uses for the accompanying schedules. After
property, the disposal agency approves identifying the circumstances of each
receiving a statement from DOT that disposal by negotiation for any real
the assignment recommendation from title to the property is proposed for
DOT, the disposal agency must assign property specified in 40 U.S.C. 545(e),
revesting, GSA will review the to the appropriate committees of the
the property by letter or other document statement and determine if title should
to DOT. If the disposal agency Congress in advance of such disposal.
be revested. If GSA, in consultation with
disapproves the recommendation, the DOT, determines that the property § 102–75.890 What clause must be in the
disposal agency must likewise notify should be revested, DOT must submit a offer to purchase and conveyance
DOT. The disposal agency must furnish Standard Form 118 to GSA. GSA will
documents for negotiated sales to public
to the landholding agency a copy of the agencies?
review and act upon the Standard Form
assignment, unless the landholding Disposal agencies must include in the
118, if acceptable. However, the grantee
agency is also the disposal agency. offer to purchase and conveyance
must provide protection and
documents an excess profits clause,
§ 102–75.865 What responsibilities does maintenance for the property until the
which usually runs for 3 years, to
DOT have after receiving the disposal title reverts to the Federal Government,
eliminate the potential for windfall
agency’s assignment letter? including the period following the
profits to public agencies. This clause
After receiving the assignment letter notice of intent to revert. Such
states that, if the purchaser should sell
from the disposal agency, DOT must protection and maintenance must, at a
or enter into agreements to sell the
provide the disposal agency with a minimum, conform to the standards
property within 3 years from the date of
Notice of Proposed Transfer within 30 prescribed in the GSA Customer Guide
title transfer by the Federal Government,
calendar days after the date of the to Real Property Disposal.
all proceeds in excess of the purchaser’s
assignment letter. If the disposal agency Negotiated Sales costs will be remitted to the Federal
approves the proposed transfer within Government.
30 calendar days of the receipt of the § 102–75.880 When may Executive
Notice of Proposed Transfer, DOT may agencies conduct negotiated sales? § 102–75.895 What wording must generally
prepare the conveyance documents and Executive agencies may conduct be in the excess profits clause that is
proceed with the conveyance. DOT negotiated sales only when— required in the offer to purchase and in the
must take all necessary actions to (a) The estimated fair market value of conveyance document?
accomplish the conveyance within 15 the property does not exceed $15,000; The wording of the excess profits
calendar days after the expiration of the (b) Bid prices after advertising are clause should generally be as follows:
30–calendar day period provided for the unreasonable (for all or part of the Excess Profits Covenant for Negotiated
disposal agency to consider the notice. Sales to Public Bodies
property) or were not independently
(a) This covenant shall run with the land
DOT must furnish the disposal agency arrived at in open competition; for a period of 3 years from the date of
two conformed copies of the (c) The character or condition of the conveyance. With respect to the property
instruments conveying property and all property or unusual circumstances described in this deed, if at any time within
related documents containing make it impractical to advertise for a 3-year period from the date of transfer of
restrictions or conditions regulating the competitive bids and the fair market title by the Grantor, the Grantee, or its
successors or assigns, shall sell or enter into the community’s economic benefit. This § 102–75.925 Is GSA required to furnish
agreements to sell the property, either in a type of negotiated sale is acceptable the disposal agency with the explanatory
single transaction or in a series of where the expected public benefits to statement’s transmittal letter sent to
transactions, it is covenanted and agreed that the community are greater than the Congress?
all proceeds received or to be received in
excess of the Grantee’s or a subsequent
anticipated proceeds derived from a Yes, GSA must furnish copies of its
seller’s actual allowable costs will be competitive public sale. transmittal letters to the committees of
remitted to the Grantor. In the event of a sale Explanatory Statements for Negotiated the Congress (see § 102–75.920) to the
of less than the entire property, actual Sales disposal agency.
allowable costs will be apportioned to the
property based on a fair and reasonable § 102–75.930 What happens if there is no
§ 102–75.905 When must the disposal
determination by the Grantor. objection by an appropriate committee or
agency prepare an explanatory statement?
(b) For purposes of this covenant, the subcommittee of Congress concerning the
Grantee’s or a subsequent seller’s allowable The disposal agency must prepare an proposed negotiated sale?
costs shall include the following: explanatory statement of the
circumstances of each of the following If there is no objection, the disposal
(1) The purchase price of the real property.
proposed disposals by negotiation: agency may consummate the sale on or
(2) The direct costs actually incurred and
paid for improvements that serve only the (a) Any real property that has an after 35 days from the date the
property, including road construction, storm estimated fair market value in excess of Administrator of General Services
and sanitary sewer construction, other public $100,000, except that any real property transmitted the explanatory statement to
facilities or utility construction, building disposed of by lease or exchange is the committees. If there is an objection,
rehabilitation and demolition, landscaping,
subject only to paragraphs (b) through the disposal agency must resolve
grading, and other site or public objections with the appropriate
improvements. (d) of this section.
(b) Any real property disposed of by Congressional committee or
(3) The direct costs actually incurred and subcommittee before consummating the
paid for design and engineering services with lease for a term of 5 years or less, if the
estimated fair annual rent is in excess of sale.
respect to the improvements described in
(b)(2) of this section. $100,000 for any of such years. Public Sales
(4) The finance charges actually incurred (c) Any real property disposed of by
and paid in conjunction with loans obtained lease for a term of more than 5 years, if § 102–75.935 What are disposal agencies’
to meet any of the allowable costs responsibilities concerning public sales?
the total estimated rent over the term of
enumerated above.
(c) None of the allowable costs described
the lease is in excess of $100,000. Disposal agencies must make
in paragraph (b) of this section will be (d) Any real property or real and available by competitive public sale any
deductible if defrayed by Federal grants or if related personal property disposed of by surplus property that is not disposed of
used as matching funds to secure Federal exchange, regardless of value, or any by public benefit discount conveyance
grants. property disposed in which any part of or by negotiated sale. Awards must be
(d) To verify compliance with the terms the consideration is real property. made to the responsible bidder whose
and conditions of this covenant, the Grantee, bid will be most advantageous to the
or its successors or assigns, shall submit an § 102–75.910 Are there any exceptions to
Government, price and other factors
annual report for each of the subsequent 3 this policy of preparing explanatory
statements? considered.
years to the Grantor on the anniversary date
of this deed. Each report will identify the Yes, the disposal agency is not Disposing of Easements
property involved in this transaction and will required to prepare an explanatory
contain such of the following items of § 102–75.936 When can an agency dispose
statement for property authorized to be of an easement?
information as are applicable at the time of
submission:
disposed of without advertising by any
provision of law other than 40 U.S.C. When the use, occupancy or control
(1) A statement indicating whether or not
a resale has been made. 545. of an easement is no longer needed,
(2) A description of each portion of the agencies may release the easement to
§ 102–75.915 Do disposal agencies need the owner of the land subject to the
property that has been resold.
to retain a copy of the explanatory easement (servient estate).
(3) The sale price of each such resold
statement?
portion.
(4) The identity of each purchaser. Yes, disposal agencies must retain a § 102–75.937 Can an easement be released
(5) The proposed land use. copy of the explanatory statement in or disposed of at no cost?
(6) An enumeration of any allowable costs their files. Yes. However, agencies must consider
incurred and paid that would offset any the Government’s cost of acquiring the
realized profit. § 102–75.920 Where is the explanatory
(e) The Grantor may monitor the property statement sent? easement and other factors when
and inspect records related thereto to ensure determining if the easement will be
Disposal agencies must submit each
compliance with the terms and conditions of disposed of with or without monetary or
explanatory statement to the
this covenant and may take any actions that other consideration. If the easement was
Administrator of General Services for
it deems reasonable and prudent to recover acquired at substantial consideration,
any excess profits realized through the resale
review and transmittal by letter from the
agencies must—
of the property. Administrator of General Services to the
Senate Committee on Governmental (a) Determine the easement’s fair
§ 102–75.900 What is a negotiated sale for Affairs and the House Committee on market value (estimate the fair market
economic development purposes? Government Reform and any other value of the fee land without the
A negotiated sale for economic appropriate committees of the Senate easement and with the easement then
development purposes means that the and House of Representatives. Disposal compute the difference or compute the
public body purchasing the property agencies must include in the submission damage the easement caused to the fee
will develop or make substantial to the Administrator of General Services land); and
improvements to the property with the any supporting data that may be (b) Negotiate the highest obtainable
intention of reselling or leasing the relevant and necessary for evaluating price with the owner of the servient
property in parcels to users to advance the proposed action. estate to release the easement.
§ 102–75.938 May the easement and the (a) The lease or permit does not and to limit the Government’s liability
land that benefited from the easement exceed one year and is revocable with resulting from disposal or mishandling
(dominant estate) be disposed of not more than a 30-day notice by the of hazardous materials.
separately? disposal agency;
Yes. If the easement is no longer Improvements or Alterations
(b) The use and occupancy will not
needed in connection with the interfere with, delay, or impede the § 102–75.960 May landholding agencies
dominant estate, it may be disposed of disposal of the property; and make improvements or alterations to
separately to the owner of the servient (c) The agency executing the excess or surplus property in those cases
estate. However, if the dominant estate agreement is responsible for the where disposal is otherwise not feasible?
is also surplus, the easement should be servicing of such property. Yes, landholding agencies may make
disposed of with the dominant estate. improvements or alterations that
Subpart D—Management of Excess involve rehabilitation, reconditioning,
Granting Easements and Surplus Real Property conversion, completion, additions, and
§ 102–75.939 When can agencies grant
§ 102–75.945 What is GSA’s policy
replacements in excess or surplus
easements? structures, utilities, installations, and
concerning the physical care, handling,
Agencies may grant easements in, on, protection, and maintenance of excess and land improvements, in those cases
or over Government-owned real surplus real property and related personal where disposal cannot be accomplished
property upon determining that the property? without such improvements or
easement will not adversely impact the GSA’s policy is to— alterations. However, agencies must not
Government’s interests. (a) Manage excess and surplus real enter into commitments concerning
property, including related personal improvements or alterations without
§ 102–75.940 Can agencies grant GSA’s prior approval.
property, by providing only those
easements at no cost?
minimum services necessary to preserve Protection and Maintenance
Yes. Easements may be granted with the Government’s interest and realizable
or without monetary or other value of the property considered; § 102–75.965 Who must perform the
consideration, including any interest in (b) Place excess and surplus real protection and maintenance of excess and
real property. property in productive use through surplus real property pending transfer to
interim utilization, provided, that such another Federal agency or disposal?
§ 102–75.941 Does an agency retain
responsibility for the easement? temporary use and occupancy do not The landholding agency remains
interfere with, delay, or impede its responsible and accountable for excess
Agencies may relinquish legislative and surplus real property, including
transfer to a Federal agency or disposal;
jurisdiction as deemed necessary and related personal property, and must
and
desirable to the State where the real perform the protection and maintenance
(c) Render safe or destroy aspects of
property containing the easement is of such property pending transfer to
excess and surplus real property that are
located. another Federal agency or disposal.
dangerous to the public health or safety.
§ 102–75.942 What must agencies Guidelines for protection and
Taxes and Other Obligations maintenance of excess and surplus real
consider when granting easements?
Agencies must— § 102–75.950 Who has the responsibility property are in the GSA Customer Guide
for paying property-related obligations to Real Property Disposal. The
(a) Determine the easement’s fair
pending transfer or disposal of the landholding agency is responsible for
market value; and
property? complying with the requirements of the
(b) Determine the remaining
Except as otherwise provided in National Oil and Hazardous Substances
property’s reduced or enhanced value
§ 102-75.230, the landholding agency is Pollution Contingency Plan and
because of the easement.
still responsible for any and all initiating or cooperating with others in
§ 102–75.943 What happens if granting an operational costs and expenses or other the actions prescribed for the
easement will reduce the value of the property-related obligations pending prevention, containment, or remedy of
property? transfer or disposal of the property. hazardous conditions.
If the easement will reduce the
Decontamination § 102–75.970 How long is the landholding
property’s value, agencies must grant agency responsible for the expense of
the easement for the amount by which § 102–75.955 Who is responsible for protection and maintenance of excess and
the property’s fair market value is decontaminating excess and surplus real surplus real property pending its transfer or
decreased unless the agency determines property? disposal?
that the Government’s best interests are The landholding agency is Generally, the landholding agency is
served by granting the easement at responsible for all expenses to the responsible for the cost of protection
either reduced or without monetary or Government and for the supervision of and maintenance of excess or surplus
other consideration. the decontamination of excess and property until the property is
Non-Federal Interim Use of Surplus surplus real property that has been transferred or disposed, but not more
Property contaminated with hazardous materials than 15 months. However, the
of any sort. Extreme care must be landholding agency is responsible for
§ 102–75.944 Can landholding agencies exercised in the decontamination, providing and funding protection and
outlease surplus real property for non- management, and disposal of maintenance during any delay beyond
Federal interim use? contaminated property in order to that 15 month period, if the landholding
Yes, landholding agencies who prevent such properties from becoming agency—
possess independent authority to a hazard to the general public. The (a) Requests deferral of the disposal
outlease property may allow landholding agency must inform the beyond the 15 month period;
organizations to use surplus real disposal agency of any and all hazards (b) Continues to occupy the property
property awaiting disposal using either involved relative to such property to beyond the 15 month period to the
a lease or permit, only when— protect the general public from hazards detriment of orderly disposal; or
(c) Otherwise takes actions that result Subpart E—Abandonment, a current estimated fair market value of
in a delay in the disposition beyond the Destruction, or Donation to Public more than $50,000.
15 months. Bodies Restrictions
§ 102–75.975 What happens if the property § 102–75.990 May Federal agencies § 102–75.1015 Are there any restrictions
is not conveyed or disposed of during this abandon, destroy, or donate to public on Federal agencies concerning property
time frame? bodies real property? donations to public bodies?
Yes, subject to the restrictions in this Yes, Federal agencies must obtain
If the property is not transferred to a
subpart, any Federal agency having prior concurrence of GSA before
Federal agency or disposed of during
control of real property that has no donating to public bodies—
the 15-month period mentioned in
commercial value or for which the (a) Improvements on land or related
§ 102–75.970, then the disposal agency estimated cost of continued care and personal property having a current
must pay or reimburse the landholding handling exceeds the estimated estimated fair market value in excess of
agency for protection and maintenance proceeds from its sale, may— $250,000; and
expenses incurred from the expiration (a) Abandon or destroy Government- (b) Land, regardless of cost.
date of said time period to final owned improvements and related
disposal, unless— Disposal Costs
personal property located on privately-
(a) There is no written agreement owned land; § 102–75.1020 Are public bodies ever
between the landholding agency and the (b) Destroy Government-owned required to pay the disposal costs
disposal agency specifying the improvements and related personal associated with donated property?
maximum amount of protection and property located on Government-owned Yes, any public body receiving
maintenance expenses for which the land (abandonment of such property is donated improvements on land or
disposal agency is responsible; not authorized); or related personal property must pay the
(c) Donate to public bodies any disposal costs associated with the
(b) The disposal agency’s Government-owned real property (land donation, such as dismantling, removal,
appropriation, as authorized by and/or improvements and related and the cleaning up of the premises.
Congress, does not contain a provision personal property), or interests therein.
to allow for payment and/or Abandonment and Destruction
reimbursement of protection and Dangerous Property
§ 102–75.1025 When can a Federal agency
maintenance expenses; or § 102–75.995 May Federal agencies abandon or destroy improvements on land
(c) The delay is caused by an dispose of dangerous property? or related personal property in lieu of
donating it to a public body?
Executive agency’s request for an No, property that is dangerous to
exception from the 100 percent public health or safety must be made A Federal agency may not abandon or
reimbursement requirement specified in harmless or have adequate safeguards in destroy improvements on land or
§ 102–75.205. In this latter case, the place before it can be abandoned, related personal property unless a duly
destroyed, or donated to public bodies. authorized official of that agency finds,
requesting agency becomes responsible
in writing, that donating the property is
for protection and maintenance Determinations not feasible. This written finding is in
expenses incurred because of the delay. addition to the determination prescribed
§ 102–75.1000 How is the decision made to
§ 102–75.980 Who is responsible for abandon, destroy, or donate property? in §§ 102–75.1000, 102–75.1005, and
protection and maintenance expenses if 102–75.1010. If donating the property
No property shall be abandoned, becomes feasible at any time prior to
there is no written agreement or no
destroyed, or donated by a Federal actually abandoning or destroying the
Congressional appropriation to the disposal
agency?
agency under § 102–75.990, unless a property, the Federal agency must
duly authorized official of that agency donate it.
If there is no written agreement determines, in writing, that—
(between the landholding agency and (a) The property has no commercial § 102–75.1030 May Federal agencies
the disposal agency) or no value; or abandon or destroy property in any manner
Congressional appropriation to the (b) The estimated cost of its continued they decide?
disposal agency, the landholding agency care and handling exceeds the estimated No, Federal agencies may not
is responsible for all protection and proceeds from its sale. abandon or destroy property in a
maintenance expenses, without any manner that is detrimental or dangerous
§ 102–75.1005 Who can make the to public health or safety or that will
right of contribution or reimbursement determination within the Federal agency on
from the disposal agency. infringe on the rights of other persons.
whether a property can be abandoned,
destroyed, or donated? § 102–75.1035 Are there any restrictions
Assistance in Disposition
Only a duly authorized official of that on Federal agencies concerning the
§ 102–75.985 Is the landholding agency agency not directly accountable for the abandonment or destruction of
required to assist the disposal agency in subject property can make the improvements on land or related personal
the disposition process? property?
determination.
Yes, GSA must concur in an agency’s
Yes, the landholding agency must § 102–75.1010 When is a reviewing abandonment or destruction of
cooperate with the disposal agency in authority required to approve the improvements on land or related
showing the property to prospective determination concerning a property that is personal property prior to abandoning
transferees or purchasers. Unless to be abandoned, destroyed, or donated? or destroying such improvements on
extraordinary expenses are incurred in A reviewing authority must approve land or related personal property—
showing the property, the landholding determinations made under § 102– (a) That are of permanent type
agency must absorb the entire cost of 75.1000 before any such disposal, construction; or
such actions. whenever all the property proposed to (b) The retention of which would
be disposed of by a Federal agency has enhance the value of the underlying
land, if it were to be made available for property having a total estimated fair provisions of Chapter 5 of Subtitle I of
sale or lease. market value, including all the Title 40 of the United States Code and
component units of the property, of less its implementing regulations.
§ 102–75.1040 May Federal agencies than $50,000; and to dispose of the
abandon or destroy improvements on land § 102–75.1090 Can this delegation of
or related personal property before public
property by means deemed most
authority to the Secretary of Agriculture be
notice is given of such proposed advantageous to the United States. redelegated?
abandonment or destruction? § 102–75.1060 What must the Secretary of Yes, the Secretary of Agriculture may
Except as provided in § 102–75.1045, Defense do before determining that DoD- redelegate authority delegated in § 102–
a Federal agency must not abandon or controlled excess real property and related 75.1075 to any officer or employee of
destroy improvements on land or personal property is not required for the the Department of Agriculture.
related personal property until after it needs of any Federal agency and prior to
has given public notice of the proposed disposal? Delegation to the Department of the
abandonment or destruction. This The Secretary must conduct a Federal Interior
notice must be given in the area in screening to determine that there is no § 102–75.1095 What is the policy
which the property is located, must further Federal need or requirement for governing delegations of authority to the
contain a general description of the the property. Secretary of the Interior?
property to be abandoned or destroyed, GSA delegates authority to the
§ 102–75.1065 When using a delegation of
and must include an offering of the real property disposal authority under this Secretary of the Interior to—
property for sale. A copy of the notice subpart, is DoD required to report excess (a) Maintain custody, control, and
must be given to the GSA regional property to GSA? accountability for mineral resources in,
property disposal office for the region in No, although the authority in this on, or under Federal real property that
which the property is located. delegation must be used following the the Administrator or his designee
provisions of Chapter 5 of Subtitle I of occasionally designates as currently
§ 102–75.1045 Are there exceptions to the
policy that requires public notice be given Title 40 of the United States Code and utilized, excess, or surplus to the
before Federal agencies abandon or its implementing regulations. Government’s needs;
destroy improvements on land or related (b) Dispose of mineral resources by
personal property? § 102–75.1070 Can this delegation of lease and to administer those leases that
authority to the Secretary of Defense be are made; and
Yes, property can be abandoned or
redelegated? (c) Determine that Federal agencies do
destroyed without public notice if—
(a) Its value is so low or the cost of Yes, the Secretary of Defense may not need Department of the Interior
its care and handling so great that redelegate the authority delegated in controlled excess real property and
retaining the property to post public § 102–75.1055 to any officer or related personal property with an
notice is clearly not economical; employee of the Department of Defense. estimated fair market value, including
(b) Health, safety, or security all components of the property, of less
Delegation to the Department of
considerations require its immediate than $50,000; and to dispose of the
Agriculture (USDA)
abandonment or destruction; or property by means most advantageous
(c) The assigned mission of the agency § 102–75.1075 What is the policy to the United States.
might be jeopardized by the delay, and governing delegations of real property
disposal authority to the Secretary of § 102–75.1100 Can this delegation of
a duly authorized Federal agency authority to the Secretary of the Interior be
Agriculture?
official finds in writing, with respect to redelegated?
paragraph (a), (b), or (c) of this section, GSA delegates authority to the
Secretary of Agriculture to determine Yes, the Secretary of the Interior may
and a reviewing authority approves this redelegate this authority to any officer,
finding. The finding must be in addition that Federal agencies do not need
USDA-controlled excess real property official, or employee of the Department
to the determinations prescribed in of the Interior.
§§ 102–75.1000, 102–75.1005, 102– and related personal property having a
75.1010, and 102–75.1025. total estimated fair market value, § 102–75.1105 What other responsibilities
including all the component units of the does the Secretary of the Interior have
§ 102–75.1050 Is there any property for property, of less than $50,000; and to under this delegation of authority?
which this subpart does not apply? dispose of the property by means Under this authority, the Secretary of
Yes, this subpart does not apply to deemed most advantageous to the the Interior is responsible for—
surplus property assigned for disposal United States. (a) Maintaining proper inventory
to educational or public health records, as head of the landholding
institutions pursuant to 40 U.S.C. 550(c) § 102–75.1080 What must the Secretary of
Agriculture do before determining that
agency;
or (d). (b) Monitoring the minerals as
USDA-controlled excess real property and
related personal property is not required for necessary, as head of the landholding
Subpart F—Delegations agency, to prevent unauthorized mining
the needs of any Federal agency and prior
Delegation to the Department of Defense to disposal? or removal of the minerals;
(DoD) The Secretary must conduct a Federal (c) Securing any appraisals deemed
screening to determine that there is no necessary by the Secretary;
§ 102–75.1055 What is the policy further Federal need or requirement for (d) Coordinating with all surface
governing delegations of real property
the property. landowners, Federal or otherwise, to
disposal authority to the Secretary of prevent unnecessary interference with
Defense? § 102–75.1085 When using a delegation of the surface use;
GSA delegates to the Secretary of real property disposal authority under this (e) Restoring damaged or disturbed
Defense the authority to determine that subpart, is USDA required to report excess lands after removal of the mineral
Federal agencies do not need property to GSA? deposits;
Department of Defense controlled excess No, although the authority in this (f) Notifying the Administrator of
real property and related personal delegation must be used following the General Services when the disposal of
all marketable mineral deposits is § 102–75.1120 Does the property have to of other laws. Following receipt of such
complete; be Federally screened? notification and recommendation, GSA
(g) Complying with the applicable No, screening is not required because must—
environmental laws and regulations, it would accomplish no useful purpose, (a) Consult with the interested
including the National Environmental since the property subject to transfer or agencies before it may accept or reject
Policy Act of 1969, as amended (42 retransfer will continue to be used in such conditional gifts of real property
U.S.C. 4321 et seq.); and the the administration of any functions on behalf of the United States or before
implementing regulations issued by the relating to Native Americans. it transfers such conditional gifts of real
Council on Environmental Quality (40 property to an agency; and
§ 102–75.1125 Can the transfer/retransfer (b) Advise the donor and the agencies
CFR part 1500); section 106 of the
under this delegation be at no cost or concerned of the action taken with
National Historic Preservation Act of without consideration?
1966, as amended (16 U.S.C. 470f); and respect to acceptance or rejection of the
Yes, transfers/retransfers under this conditional gift and of its final
the Coastal Zone Management Act of
delegation can be at no cost or without disposition.
1972 (16 U.S.C. 1451 et seq.) and the
consideration, except—
Department of Commerce implementing (a) Where funds programmed and § 102–75.1145 What action must the
regulations (15 CFR parts 923 and 930); appropriated for acquisition of the Federal agency receiving an offer of a
(h) Forwarding promptly to the property are available to the Secretary conditional gift take?
Administrator of General Services requesting the transfer or retransfer; or Prior to notifying the appropriate GSA
copies of any agreements executed (b) Whenever reimbursement at fair regional property disposal office, the
under this authority; and market value is required by subpart B of receiving Federal agency must
(i) Providing the Administrator of this part (entitled ‘‘Utilization of Excess acknowledge receipt of the offer in
General Services with an annual Real Property’’). writing and advise the donor that the
accounting of the proceeds received offer will be referred to the appropriate
from leases executed under this § 102–75.1130 What action must the GSA regional property disposal office.
authority. Secretary requesting the transfer take The receiving agency must not indicate
where funds were not programmed and
Native American-Related Delegations acceptance or rejection of the gift on
appropriated for acquisition of the
property? behalf of the United States at this time.
§ 102–75.1110 What is the policy The receiving agency must provide a
governing delegations of authority to the The Secretary requesting the transfer
copy of the acknowledgment with the
Secretary of the Interior, the Secretary of or retransfer must certify in writing that
notification and recommendation to the
Health and Human Services, and the no funds are available to acquire the
GSA regional property disposal office.
Secretary of Education for property used in property. The Secretary transferring or
the administration of any Native American- retransferring the property may make § 102–75.1150 What happens to the gift if
related functions? any determination necessary that would GSA determines it to be acceptable?
GSA delegates authority to the otherwise be made by GSA to carry out When GSA determines that the gift is
Secretary of the Interior, the Secretary of the authority contained in this acceptable and can be accepted and
Health and Human Services, and the delegation. used in the form in which it was
Secretary of Education to transfer and to offered, GSA must designate an agency
retransfer to each other, upon request, § 102–75.1135 May this delegation of
authority to the Secretary of the Interior, the
and transfer the gift without
any of the property of each agency that reimbursement to this agency to use as
Secretary of Health and Human Services,
is being used and will continue to be and the Secretary of Education be the donor intended.
used in the administration of any redelegated?
functions relating to the Native § 102–75.1155 May an acceptable gift of
Yes, the Secretary of the Interior, the property be converted to money?
Americans. The term property, as used Secretary of Health and Human
in this delegation, includes real GSA can determine whether or not a
Services, and the Secretary of Education gift of property can and should be
property and such personal property as may redelegate any of the authority
the Secretary making the transfer or re- converted to money. After conversion,
contained in this delegation to any GSA must deposit the funds with the
transfer determines to be related officers or employees of their respective
personal property. The Departments Treasury Department for transfer to an
departments. appropriate account that will best
must exercise the authority conferred in
this section following applicable GSA Subpart G—Conditional Gifts of Real effectuate the intent of the donor, in
regulations issued pursuant to the Property to Further the Defense Effort accordance with Treasury Department
provisions of Chapter 5 of Subtitle I of procedures.
Title 40 of the United States Code. § 102–75.1140 What is the policy
governing the acceptance or rejection of a Subpart H—Use of Federal Real
§ 102–75.1115 Are there any limitations or conditional gift of real property for a Property to Assist the Homeless
restrictions on this delegation of authority? particular defense purpose?
Definitions
This authority must be used only in Any Federal agency receiving an offer
connection with property that the of a conditional gift of real property for § 102–75.1160 What definitions apply to
appropriate Secretary determines— a particular defense purpose within the this subpart?
(a) Comprises a functional unit; purview of Chapter 582–Public Law 537 Applicant means any representative
(b) Is located within the United States; (July 27, 1954) must notify the of the homeless that has submitted an
and appropriate GSA regional property application to the Department of Health
(c) Has an acquisition cost of $100,000 disposal office and must submit to GSA and Human Services to obtain use of a
or less, provided that the transfer or a recommendation indicating whether particular suitable property to assist the
retransfer does not include property the Government should accept or reject homeless.
situated in any area that is recognized the gift. Nothing in this subpart shall be Checklist or property checklist means
as an urban area or place as identified construed as applicable to the the form developed by HUD for use by
by the most recent decennial census. acceptance of gifts under the provisions landholding agencies to report the
information to be used by HUD in relationship of lessor and lessee for the landholding agency for current program
making determinations of suitability. use of Federal real property for a term purposes of that agency, or which is
Classification means a property’s of at least one year under the conditions used for current program purposes that
designation as unutilized, set forth in the lease document. can be satisfied with only a portion of
underutilized, excess, or surplus. Non-profit organization means an the property.
Day means one calendar day, organization, no part of the net earnings Unsuitable property means that HUD
including weekends and holidays. of which inures to the benefit of any has determined that a particular
Eligible organization means a State, member, founder, contributor, or property does not satisfy the criteria in
unit of local government, or a private, individual; that has a voluntary board; § 102–75.1185.
non-profit organization that provides that has an accounting system or has Unutilized property means an entire
assistance to the homeless, and that is designated an entity that will maintain property or portion thereof, with or
authorized by its charter or by State law a functioning accounting system for the without improvements, not occupied for
to enter into an agreement with the organization in accordance with current program purposes for the
Federal Government for use of real generally accepted accounting accountable Executive agency or
property for the purposes of this procedures; and that practices occupied in caretaker status only.
subpart. Representatives of the homeless nondiscrimination in the provision of
interested in receiving a deed for a Applicability
assistance.
particular piece of surplus Federal Permit means a license granted by a § 102–75.1165 What is the applicability of
property must be section 501(c)(3) tax landholding agency to use unutilized or this subpart?
exempt. underutilized property for a specific (a) This part applies to Federal real
Excess property means any property amount of time under terms and property that has been designated by
under the control of any Executive conditions determined by the Federal landholding agencies as
agency that is not required for the landholding agency. unutilized, underutilized, excess, or
agency’s needs or the discharge of its Property means real property surplus, and is, therefore, subject to the
responsibilities, as determined by the consisting of vacant land or buildings, provisions of title V of the McKinney-
head of the agency pursuant to 40 U.S.C. or a portion thereof, that is excess, Vento Homeless Assistance Act, as
524. surplus, or designated as unutilized or amended (42 U.S.C. 11411).
GSA means the United States General underutilized in surveys by the heads of (b) The following categories of
Services Administration. landholding agencies conducted properties are not subject to this subpart
HHS means the United States pursuant to 40 U.S.C. 524. (regardless of whether they may be
Department of Health and Human Regional Homeless Coordinator unutilized or underutilized):
Services. means a regional coordinator of the (1) Machinery and equipment.
Homeless means— Interagency Council on the Homeless. (2) Government-owned, contractor-
(1) An individual or family that lacks Representative of the Homeless means
operated machinery, equipment, land,
a fixed, regular, and adequate nighttime a State or local government agency, or
and other facilities reported excess for
residence; or private non-profit organization that
sale only to the using contractor and
(2) An individual or family that has a provides, or proposes to provide,
subject to a continuing military
primary nighttime residence that is— services to the homeless.
(i) A supervised publicly or privately Screen means the process by which requirement.
operated shelter designed to provide GSA surveys Federal agencies, or State, (3) Properties subject to special
temporary living accommodations local and non-profit entities, to legislation directing a particular action.
(including welfare hotels, congregate determine if any such entity has an (4) Properties subject to a court order.
shelters, and transitional housing for the interest in using excess Federal property (5) Property not subject to survey
mentally ill); to carry out a particular agency mission requirements of Executive Order 12512
(ii) An institution that provides a or a specific public use. (April 29, 1985).
temporary residence for individuals State Homeless Coordinator means a (6) Mineral rights interests.
intended to be institutionalized; or State contact person designated by a (7) Air Space interests.
(iii) A public or private place not State to receive and disseminate (8) Indian Reservation land subject to
designed for, or ordinarily used as, a information and communications 40 U.S.C. 523.
regular sleeping accommodation for received from the Interagency Council (9) Property interests subject to
human beings. This term does not on the Homeless in accordance with the reversion.
include any individual imprisoned or McKinney–Vento Homeless Assistance (10) Easements.
otherwise detained under an Act of Act of 1987, as amended (42 U.S.C. (11) Property purchased in whole or
Congress or a State law. 11320). in part with Federal funds, if title to the
HUD means the United States Suitable property means that HUD has property is not held by a Federal
Department of Housing and Urban determined that a particular property landholding agency as defined in this
Development. satisfies the criteria listed in § 102– part.
ICH means the Interagency Council on 75.1185. Collecting the Information
the Homeless. Surplus property means any excess
Landholding agency means a Federal real property not required by any § 102–75.1170 How will information be
department or agency with statutory Federal landholding agency for its needs collected?
authority to control real property. or the discharge of its responsibilities, (a) Canvass of landholding agencies.
Lease means an agreement between as determined by the Administrator of On a quarterly basis, HUD will canvass
either HHS for surplus property, or GSA. landholding agencies to collect
landholding agencies in the case of non- Underutilized means an entire information about property described as
excess properties or properties subject property or portion thereof, with or unutilized, underutilized, excess, or
to the Base Closure and Realignment without improvements, which is used surplus in surveys conducted by the
Act (Pub. L. 100–526, 10 U.S.C. 2687), only at irregular periods or agencies under 40 U.S.C. 524, Executive
and the applicant, giving rise to the intermittently by the accountable Order 12512, and subpart H of this part.
Each canvass will collect information on report its determination to the (3) The request for review must
properties not previously reported and landholding agency. Properties that are specify the grounds on which it is
about property reported previously the under lease, contract, license, or based, i.e., that HUD has improperly
status or classification of which has agreement by which a Federal agency applied the criteria or that HUD has
changed or for which any of the retains a real property interest or which relied on incorrect or incomplete
information reported on the property are scheduled to become unutilized or information in making the
checklist has changed. underutilized will be reviewed for determination (e.g., that property is in a
(1) HUD will request descriptive suitability no earlier than six months floodplain but not in a floodway).
information on properties sufficient to prior to the expected date when the (4) Upon receipt of a request to review
make a reasonable determination, under property will become unutilized or a determination of unsuitability, HUD
the criteria described below, of the underutilized, except that properties will notify the landholding agency that
suitability of a property for use as a subject to the Base Closure and such a request has been made, request
facility to assist the homeless. Realignment Act may be reviewed up to that the agency respond with any
(2) HUD will direct landholding eighteen months prior to the expected information pertinent to the review, and
agencies to respond to requests for date when the property will become advise the agency that it should refrain
information within 25 days of receipt of unutilized or underutilized. from initiating disposal procedures until
such requests. (b) Scope of suitability. HUD will HUD has completed its reconsideration
(b) Agency annual report. By determine the suitability of a property regarding unsuitability.
December 31 of each year, each for use as a facility to assist the (i) HUD will act on all requests for
landholding agency must notify HUD homeless without regard to any review within 30 days of receipt of the
regarding the current availability status particular use. landholding agency’s response and will
and classification of each property (c) Environmental information. HUD notify the representative of the homeless
controlled by the agency that— will evaluate the environmental and the landholding agency in writing
(1) Was included in a list of suitable information contained in property of its decision.
(ii) If a property is determined
properties published that year by HUD; checklists forwarded to HUD by the
suitable as a result of the review, HUD
and landholding agencies solely for the
will request the landholding agency’s
(2) Remains available for application purpose of determining suitability of
determination of availability pursuant to
for use to assist the homeless, or has properties under the criteria in § 102– § 102–75.1190(a), upon receipt of which
become available for application during 75.1185. HUD will promptly publish the
that year. (d) Written record of suitability determination in the Federal Register. If
(c) GSA inventory. HUD will collect determination. HUD will assign an the determination of unsuitability
information, in the same manner as identification number to each property stands, HUD will inform the
described in paragraph (a) of this reviewed for suitability. HUD will representative of the homeless of its
section, from GSA regarding property maintain a written public record of the decision.
that is in GSA’s current inventory of following:
excess or surplus property. (1) The suitability determination for a Real Property Reported Excess to GSA
(d) Change in status. If the particular piece of property, and the § 102–75.1180 For the purposes of this
information provided on the property reasons for that determination; and subpart, what is the policy concerning real
checklist changes subsequent to HUD’s (2) The landholding agency’s response property reported excess to GSA?
determination of suitability, and the to the determination pursuant to the (a) Each landholding agency must
property remains unutilized, requirements of § 102–75.1190(a). submit a report to GSA of properties it
underutilized, excess or surplus, the (e) Property determined unsuitable. determines excess. Each landholding
landholding agency must submit a Property that is reviewed by HUD under agency must also provide a copy of
revised property checklist in response to this section and that is determined HUD’s suitability determination, if any,
the next quarterly canvass. HUD will unsuitable for use to assist the homeless including HUD’s identification number
make a new determination of suitability may not be made available for any other for the property.
and, if it differs from the previous purpose for 20 days after publication in (b) If a landholding agency reports a
determination, republish the property the Federal Register of a notice of property to GSA that has been reviewed
information in the Federal Register. For unsuitability to allow for review of the by HUD for homeless assistance
example, property determined determination at the request of a suitability and HUD determined the
unsuitable for national security representative of the homeless. property suitable, GSA will screen the
concerns may no longer be subject to (f) Procedures for appealing property pursuant to § 102–75.1180(g)
security restrictions, or property unsuitability determinations. (1) To and will advise HUD of the availability
determined suitable may subsequently request review of a determination of of the property for use by the homeless
be found to be contaminated. unsuitability, a representative of the as provided in § 102–75.1180(e). In lieu
Suitability Determination homeless must contact HUD within 20 of the above, GSA may submit a new
days of publication of notice in the checklist to HUD and follow the
§ 102–75.1175 Who issues the suitability Federal Register that a property is procedures in § 102–75.1180(c) through
determination? unsuitable. Requests may be submitted § 102–75.1180(g).
(a) Suitability determination. Within to HUD in writing or by calling 1–800– (c) If a landholding agency reports a
30 days after the receipt of information 927–7588 (Toll Free). Written requests property to GSA that has not been
from landholding agencies regarding must be received no later than 20 days reviewed by HUD for homeless
properties that were reported pursuant after notice of unsuitability is published assistance suitability, GSA will
to the canvass described in § 102– in the Federal Register. complete a property checklist, based on
75.1170(a), HUD will determine, under (2) Requests for review of a information provided by the
criteria set forth in § 102–75.1185, determination of unsuitability may be landholding agency, and will forward
which properties are suitable for use as made only by representatives of the this checklist to HUD for a suitability
facilities to assist the homeless and homeless, as defined in § 102–75.1160. determination. This checklist will
reflect any change in classification, i.e., commercial, or Federal facility handling (ii) An intention to make the property
from unutilized or underutilized to flammable or explosive material available for use to assist the homeless;
excess. (excluding underground storage) will be or
(d) Within 30 days after GSA’s determined unsuitable. Above ground (iii) The reasons why the property
submission, HUD will advise GSA of the containers with a capacity of 100 cannot be declared excess or made
suitability determination. gallons or less, or larger containers that available for use to assist the homeless.
(e) When GSA receives a letter from provide the heating or power source for The reasons given must be different
HUD listing suitable excess properties the property, and that meet local safety, than those listed as suitability criteria in
in GSA’s inventory, GSA will transmit operation, and permitting standards, § 102–75.1185.
to HUD within 45 days a response that will not affect whether a particular (2) In the case of excess property that
includes the following for each property is determined suitable or had previously been reported to GSA—
identified property: unsuitable. Underground storage, (i) A statement that there is no
(1) A statement that there is no other gasoline stations, and tank trucks are compelling Federal need for the
compelling Federal need for the not included in this category, and their property and that, therefore, the
property and, therefore, the property presence will not be the basis of an property will be determined surplus; or
will be determined surplus; or unsuitability determination unless there (ii) A statement that there is a further
(2) A statement that there is further is evidence of a threat to personal safety and compelling Federal need for the
and compelling Federal need for the as provided in paragraph (a)(5) of this property (including a full explanation of
property (including a full explanation of section. such need) and that, therefore, the
such need) and that, therefore, the (3) Runway clear zone and military property is not presently available for
property is not presently available for airfield clear zone. A property located use to assist the homeless.
use to assist the homeless. within an airport runway clear zone or (b) [Reserved]
(f) When an excess property is military airfield clear zone will be Public Notice of Determination
determined suitable and available and determined unsuitable.
notice is published in the Federal (4) Floodway. A property located in § 102–75.1195 What is the policy
Register, GSA will concurrently notify the floodway of a 100-year floodplain concerning making public the notice of
HHS, HUD, State and local government determination?
will be determined unsuitable. If the
units, known homeless assistance floodway has been contained or (a) No later than 15 days after the
providers that have expressed interest in corrected, or if only an incidental last–45 day period has elapsed for
the particular property, and other portion of the property not affecting the receiving responses from the
organizations, as appropriate, use of the remainder of the property is landholding agencies regarding
concerning suitable properties. in the floodway, the property will not be availability, HUD will publish in the
(g) Upon submission of a Report of determined unsuitable. Federal Register a list of all properties
Excess to GSA, GSA may screen the (5) Documented deficiencies. A reviewed, including a description of the
property for Federal use. In addition, property with a documented and property, its address, and classification.
GSA may screen State and local extensive condition(s) that represents a The following designations will be
governmental units and eligible non- clear threat to personal physical safety made:
profit organizations to determine will be determined unsuitable. Such (1) Properties that are suitable and
interest in the property in accordance conditions may include, but are not available.
with current regulations. (See GSA limited to, contamination, structural (2) Properties that are suitable and
Customer Guide to Real Property damage, extensive deterioration, friable unavailable.
Disposal.) (3) Properties that are suitable and to
asbestos, PCBs, natural hazardous
(h) The landholding agency will be declared excess.
substances such as radon, periodic
retain custody and accountability and (4) Properties that are unsuitable.
flooding, sinkholes, or earth slides. (b) Information about specific
will protect and maintain any property (6) Inaccessible. A property that is properties can be obtained by contacting
that is reported excess to GSA as inaccessible will be determined HUD at the following toll free number:
provided in § 102–75.965. unsuitable. An inaccessible property is 1–800–927–7588.
Suitability Criteria one that is not accessible by road (c) HUD will transmit to the ICH a
(including property on small off-shore copy of the list of all properties
§ 102–75.1185 What are suitability criteria? islands) or is land locked (e.g., can be published in the Federal Register. The
(a) All properties, buildings, and land reached only by crossing private ICH will immediately distribute to all
will be determined suitable unless a property and there is no established state and regional homeless
property’s characteristics include one or right or means of entry). coordinators area-relevant portions of
more of the following conditions: (b) [Reserved] the list. The ICH will encourage the
(1) National security concerns. A Determination of Availability state and regional homeless
property located in an area to which the coordinators to disseminate this
general public is denied access in the § 102–75.1190 What is the policy information widely.
interest of national security (e.g., where concerning determination of availability (d) No later than February 15 of each
a special pass or security clearance is a statements? year, HUD will publish in the Federal
condition of entry to the property) will (a) Within 45 days after receipt of a Register a list of all properties reported
be determined unsuitable. Where letter from HUD pursuant to § 102– pursuant to § 102–75.1170(b).
alternative access can be provided for 75.1170(a), each landholding agency (e) HUD will publish an annual list of
the public without compromising must transmit to HUD a statement of properties determined suitable, but that
national security, the property will not one of the following: agencies reported unavailable, including
be determined unsuitable on this basis. (1) In the case of unutilized or the reasons such properties are not
(2) Property containing flammable or underutilized property— available.
explosive materials. A property located (i) An intention to declare the (f) Copies of the lists published in the
within 2,000 feet of an industrial, property excess; Federal Register will be available for
review by the public in the HUD (b) Application requirements. Upon national origin, religion, sex, age,
headquarters building library (room receipt of an expression of interest, familial status, or disability in the use
8141); area-relevant portions of the lists DHFP will send an application packet to of the property, and will maintain the
will be available in the HUD regional the interested entity. The application required records to demonstrate
offices and in major field offices. packet requires the applicant to provide compliance with Federal laws.
certain information, including the (6) Insurance. The applicant must
Application Process certify that it will insure the property
following:
§ 102–75.1200 How may representatives of (1) Description of the applicant against loss, damage, or destruction in
the homeless apply for the use of organization. The applicant must accordance with the requirements of 45
properties to assist the homeless? document that it satisfies the definition CFR § 12.9.
(a) Holding period. (1) Properties of a ‘‘representative of the homeless,’’ as (7) Historic preservation. Where
published as available for application specified in § 102–75.1160. The applicable, the applicant must provide
for use to assist the homeless shall not applicant must document its authority information that will enable HHS to
be available for any other purpose for a to hold real property. Private, non-profit comply with Federal historic
period of 60 days beginning on the date organizations applying for deeds must preservation requirements.
of publication. Any representative of the document that they are section 501(c)(3) (8) Environmental information. The
homeless interested in any tax-exempt. applicant must provide sufficient
underutilized, unutilized, excess or (2) Description of the property information to allow HHS to analyze the
surplus Federal property for use as a desired. The applicant must describe potential impact of the applicant’s
facility to assist the homeless must send the property desired and indicate that proposal on the environment, in
to HHS a written expression of interest any modifications made to the property accordance with the instructions
in that property within 60 days after the will conform to local use restrictions, provided with the application packet.
property has been published in the except for, in the case of leasing the HHS will assist applicants in obtaining
Federal Register. property, local zoning regulations. any pertinent environmental
(2) If a written expression of interest (3) Description of the proposed information in the possession of HUD,
to apply for suitable property for use to program. The applicant must fully GSA, or the landholding agency.
assist the homeless is received by HHS describe the proposed program and (9) Local government notification. The
within the 60-day holding period, such demonstrate how the program will applicant must indicate that it has
property may not be made available for address the needs of the homeless informed, in writing, the applicable unit
any other purpose until the date HHS or population to be assisted. The applicant of general local government responsible
the appropriate landholding agency has must fully describe what modifications for providing sewer, water, police, and
completed action on the application will be made to the property before the fire services of its proposed program.
submitted pursuant to that expression of program becomes operational. (10) Zoning and local use restrictions.
interest. (4) Ability to finance and operate the The applicant must indicate that it will
(3) The expression of interest should proposed program. The applicant must comply with all local use restrictions,
identify the specific property, briefly specifically describe all anticipated including local building code
describe the proposed use, the name of costs and sources of funding for the requirements. Any applicant applying
the organization, and indicate whether proposed program. The applicant must for a lease or permit for a particular
it is a public body or a private, non- indicate that it can assume care, property is not required to comply with
profit organization. The expression of custody, and maintenance of the local zoning requirements. Any
interest must be sent to the Division of property and that it has the necessary applicant applying for a deed of a
Health Facilities Planning (DHFP) of the funds or the ability to obtain such funds particular property, pursuant to § 102–
Department of Health and Human to carry out the approved program of 75.1200(b)(3), must comply with local
Services at the following address: use for the property. zoning requirements, as specified in 45
Director, Division of Health Facilities (5) Compliance with non- CFR part 12.
Planning, Public Health Service, Room discrimination requirements. Each (c) Scope of evaluations. Due to the
17A–10, Parklawn Building, 5600 applicant and lessee under this part short time frame imposed for evaluating
Fishers Lane, Rockville, Maryland must certify in writing that it will applications, HHS’ evaluation will,
20857. HHS will notify the landholding comply with the requirements of the generally, be limited to the information
agency (for unutilized and underutilized Fair Housing Act (42 U.S.C. 3601–3619) contained in the application.
properties) or GSA (for excess and and implementing regulations; and as (d) Deadline. Completed applications
surplus properties) when an expression applicable, Executive Order 11063 must be received by DHFP, at the above
of interest has been received for a (Equal Opportunity in Housing) and address, within 90 days after an
particular property. implementing regulations; Title VI of expression of interest is received from a
(4) An expression of interest may be the Civil Rights Act of 1964 (42 U.S.C. particular applicant for that property.
sent to HHS any time after the 60-day 2000d to d–4) (Nondiscrimination in Upon written request from the
holding period has expired. In such a Federally-Assisted Programs) and applicant, HHS may grant extensions,
case, an application submitted pursuant implementing regulations; the provided that the appropriate
to this expression of interest may be prohibitions against discrimination on landholding agency concurs with the
approved for use by the homeless if— the basis of age under the Age extension. Because each applicant will
(i) No application or written Discrimination Act of 1975 (42 U.S.C. have a different deadline based on the
expression of interest has been made 6101–6107) and implementing date the applicant submitted an
under any law for use of the property for regulations; and the prohibitions against expression of interest, applicants should
any purpose; and otherwise qualified individuals with contact the individual landholding
(ii) In the case of excess or surplus handicaps under section 504 of the agency to confirm that a particular
property, GSA has not received a bona Rehabilitation Act of 1973 (29 U.S.C. property remains available prior to
fide offer to purchase that property or 794) and implementing regulations. The submitting an application.
advertised for the sale of the property by applicant must state that it will not (e) Evaluations. (1) Upon receipt of an
public auction. discriminate on the basis of race, color, application, HHS will review it for
completeness and, if incomplete, may the lease, or permit document, as will be responsible for the protection
return it or ask the applicant to furnish appropriate, in consultation with the and maintenance of the property during
any missing or additional required applicant. the time that they possess the property.
information prior to final evaluation of (2) The landholding agency maintains Upon termination of the lease term or
the application. the discretion to decide the following: reversion of title to the Federal
(2) HHS will evaluate each completed (i) The length of time the property Government, the lessee or grantee will
application within 25 days of receipt will be available. (Leases and permits be responsible for removing any
and will promptly advise the applicant will be for a period of at least one year,
improvements made to the property and
of its decision. Applications are unless the applicant requests a shorter
will be responsible for restoration of the
evaluated on a first-come, first-serve term.)
(ii) Whether to grant use of the property. If such improvements are not
basis. HHS will notify all organizations removed, they will become the property
that have submitted expressions of property pursuant to a lease or permit.
(iii) The terms and conditions of the of the Federal Government. GSA or the
interest for a particular property
lease or permit document. landholding agency, as appropriate, will
regarding whether the first application
(b) Excess and surplus properties. (1) assume responsibility for protection and
received for that property has been
When HHS approves an application, it maintenance of a property when the
approved or disapproved. All
will so notify the applicant and request lease terminates or title reverts.
applications will be reviewed on the
that GSA assign the property to HHS for
basis of the following elements, which Unsuitable Properties
leasing. Upon receipt of the assignment,
are listed in descending order of
HHS will execute a lease in accordance § 102–75.1210 What action must be taken
priority, except that paragraphs (e)(2)(iv)
with the procedures and requirements on properties determined unsuitable for
and (e)(2)(v) of this section are of equal
set out in 45 CFR part 12. In accordance homeless assistance?
importance:
with § 102–75.965, custody and
(i) Services offered. The extent and The landholding agency will defer, for
accountability of the property will
range of proposed services, such as 20 days after the date that notice of a
remain throughout the lease term with
meals, shelter, job training, and property is published in the Federal
the agency that initially reported the
counseling. Register, action to dispose of properties
property as excess.
(ii) Need. The demand for the (2) Prior to assignment to HHS, GSA determined unsuitable for homeless
program and the degree to which the may consider other Federal uses and assistance. HUD will inform
available property will be fully utilized. other important national needs; landholding agencies or GSA, if a
(iii) Implementation time. The however, in deciding the disposition of representative of the homeless files an
amount of time necessary for the surplus real property, GSA will
proposed program to become appeal of unsuitability pursuant to
generally give priority of consideration § 102–75.1175(f)(4). HUD will advise the
operational. to uses to assist the homeless. GSA may
(iv) Experience. Demonstrated prior agency that it should refrain from
consider any competing request for the initiating disposal procedures until
success in operating similar programs property made under 40 U.S.C. 550
and recommendations attesting to that HUD has completed its reconsideration
(education, health, public park or process regarding unsuitability.
fact by Federal, State, and local recreation, and historic monument uses)
authorities. Thereafter, or if no appeal has been filed
that is so meritorious and compelling after 20 days, GSA or the appropriate
(v) Financial ability. The adequacy of that it outweighs the needs of the
funding that will likely be available to landholding agency may proceed with
homeless, and HHS may likewise
run the program fully and properly and disposal action in accordance with
consider any competing request made
to operate the facility. applicable law.
under 40 U.S.C. 550(c) or (d) (education
(3) Additional evaluation factors may and health uses).
be added as deemed necessary by HHS. No Applications Approved
(3) Whenever GSA or HHS decides in
If additional factors are added, the favor of a competing request over a § 102–75.1215 What action must be taken
application packet will be revised to request for property for homeless if there is no expression of interest?
include a description of these additional assistance use as provided in paragraph
factors. (a) At the end of the 60-day holding
(b)(2) of this section, the agency making period described in § 102–75.1200(a),
(4) If HHS receives one or more the decision will transmit to the
competing applications for a property HHS will notify GSA, or the
appropriate committees of the Congress
within 5 days of the first application, landholding agency, as appropriate, if
an explanatory statement that details the
HHS will evaluate all completed an expression of interest has been
need satisfied by conveyance of the
applications simultaneously. HHS will received for a particular property.
surplus property, and the reasons for
rank approved applications based on the determining that such need was so Where there is no expression of interest,
elements listed in § 102–75.1200(e)(2) meritorious and compelling as to GSA or the landholding agency, as
and notify the landholding agency, or outweigh the needs of the homeless. appropriate, will proceed with disposal
GSA, as appropriate, of the relative (4) Deeds. Surplus property may be in accordance with applicable law.
ranks. conveyed to representatives of the (b) Upon advice from HHS that all
Action on Approved Applications homeless pursuant to 40 U.S.C. 550, and applications have been disapproved, or
section 501(f) of the McKinney-Vento if no completed applications or requests
§ 102–75.1205 What action must be taken Homeless Assistance Act, as amended, for extensions have been received by
on approved applications? 42 U.S.C. 11411. Representatives of the HHS within 90 days from the date of the
(a) Unutilized and underutilized homeless must complete the application last expression of interest, disposal may
properties. (1) When HHS approves an packet pursuant to the requirements of proceed in accordance with applicable
application, it will so notify the § 102–75.1200 and in accordance with law.
applicant and forward a copy of the the requirements of 45 CFR part 12.
application to the landholding agency. (c) Completion of lease term and
The landholding agency will execute reversion of title. Lessees and grantees
Subpart I—Screening of Federal Real § 102–75.1250 What if the agency is not § 102–75.1265 Are extensions granted to
Property quite sure it wants the property and needs the Federal screening and response
more time to decide? timeframes?
§ 102–75.1220 How do landholding If the written response to the ‘‘Notice Generally, no. GSA believes the
agencies find out if excess Federal real of Availability’’ indicates a potential timeframes are sufficient for agencies to
property is available? make a decision and respond. Requests
need, then the agency has an additional
If agencies report excess real and 30 days (from the expiration date of the for extensions must be strongly justified
related personal property to GSA, GSA ‘‘Notice of Availability’’) to determine and approved by the appropriate GSA
conducts a ‘‘Federal screening’’ for the whether or not its has a definite Regional Administrator. For example,
property. Federal screening consists of requirement for the property, and then agencies may request an extension of
developing a ‘‘Notice of Availability’’ 60 days to submit a transfer request. time to submit their formal transfer
and circulating the ‘‘Notice’’ among all request if they are not promptly
§ 102–75.1255 What happens when more provided GSA’s estimate of FMV after
Federal landholding agencies for a
than one agency has a valid interest in the
maximum of 30 days. submission of the initial expression of
property?
interest. Agencies requesting extensions
§ 102–75.1225 What details are provided in GSA will attempt to facilitate an must also submit an agreement
the ‘‘Notice of Availability’’? equitable solution between the agencies accepting responsibility for providing
The ‘‘Notice of Availability’’ describes involved. However, the Administrator and funding protection and
the physical characteristics of the has final decision making authority in maintenance for the requested property
property; it also provides information determining which requirement aligns during the period of the extension until
on location, hazards or restrictions, with the Federal Government’s best the property is transferred to the
contact information, and a date by interests. requesting agency or the requesting
which an interested Federal agency § 102–75.1260 Does GSA conduct Federal agency notifies GSA that it is no longer
must respond in writing to indicate a screening on every property reported as interested in the property. This
definite or potential need for the excess real property? assumption of protection and
property. No. GSA may waive the Federal maintenance responsibility also applies
screening for excess real property when to extensions associated with a
§ 102–75.1230 How long does an agency requesting agency’s request for an
have to indicate its interest in the property? it determines that doing so is in the best
interest of the Federal Government. exception from the 100 percent
Generally, agencies have 30 days to Below is a sample list of some of the reimbursement requirement (see § 102–
express written interest in the property. factors GSA may consider when making 75.205).
However, sometimes GSA has cause to the decision to waive Federal screening. § 102–75.1270 How does an agency
conduct an expedited screening of the This list is a representative sample and request a transfer of Federal real property?
real property and the time allotted for is not all-inclusive:
responding is less than 30 days. The Agencies must use GSA Form 1334,
(a) There is a known Federal need; Request for Transfer of Excess Real and
Notice of Availability always contains a (b) The property is located within the
‘‘respond by’’ date. Related Personal Property.
boundaries of tribal lands;
(c) The property has known disposal § 102–75.1275 Does a requesting agency
§ 102–75.1235 Where should an agency
limitations precluding further Federal have to pay for excess real property?
send its written response to the ‘‘Notice of
Availability’’? use (e.g., title and/or utilization Yes. GSA is required by law to obtain
restrictions; reported excess specifically full fair market value (as determined by
Look for the contact information the Administrator) for all real property
for participation in the Relocation
provided in the Notice of Availability. (see § 102–75.190), except when a
Program; reported excess for transfer to
Most likely, an agency will be directed transfer without reimbursement has
the current operating contractor who
to contact one of GSA’s regional offices. been authorized (see § 102–75.205).
will continue production according to
§ 102–75.1240 Who, from the interested the terms of the disposal documents; GSA, upon receipt of a valid expression
landholding agency, should submit the directed for disposal by law or special of interest, will promptly provide each
written response to GSA’s ‘‘Notice of legislation); interested landholding agency with an
Availability’’? (d) The property will be transferred to estimate of fair market value for the
An authorized official of the a ‘‘potentially responsible party’’ (PRP) property. GSA may transfer property
landholding agency must sign the that stored, released, or disposed of without reimbursement, if directed to
written response to the Notice of hazardous substances at the do so by law or special legislation and
Availability. An ‘‘authorized official’’ is Government-owned facility; for the following purposes:
one who is responsible for acquisition (e) The property is an easement; (a) Migratory Bird Management under
and/or disposal decisions (e.g., head of (f) The excess property is actually a Pub. L. 80–537, as amended by Pub. L.
the agency or official designee). leasehold interest where there are 92–432.
Government-owned improvements with (b) Wildlife Conservation under Pub.
§ 102–75.1245 What happens after the substantial value and cannot be easily L. 80–537.
landholding agency properly responds to a removed; (c) Federal Correctional facilities.
‘‘Notice of Availability’’? (d) Joint Surveillance System.
(g) Government-owned improvements
The landholding agency has 60 days on Government-owned land, where the § 102–75.1280 What happens if the
(from the expiration date of the ‘‘Notice land is neither excess nor expected to property has already been declared surplus
of Availability’’) to submit a formal become excess; or and an agency discovers a need for it?
transfer request for the property. Absent (h) Screening for public benefit uses, GSA can redesignate surplus property
a formal request for transfer within the except for the McKinney-Vento as excess property, if the agency
prescribed 60 days, GSA may, at its homeless screening, for specific requests the property for use in direct
discretion, pursue other disposal property disposal considerations (see support of its mission and GSA is
options. § 102–75.351). satisfied that this transfer would be in
the best interests of the Federal Subpart C—Architectural Barriers Act that govern Federal construction to the
Government. 102–76.60 To which facilities does the maximum extent feasible and consider
Architectural Barriers Act Apply? local building code requirements. (See
§ 102–75.1285 How does GSA transfer 102–76.65 What standards must facilities 40 U.S.C. 3310 and 3312.)
excess real property to the requesting subject to the Architectural Barriers Act (d) Design Federal buildings to have
agency? meet? a long life expectancy and accommodate
GSA transfers the property via letter 102–76.70 When are the costs of alterations periodic changes due to renovations.
assigning ‘‘custody and accountability’’ to provide an accessible path of travel to (e) Make buildings cost effective,
for the property to the requesting an altered area containing a primary
function disproportionate to the costs of
energy efficient, and accessible to and
agency. Title to the property is held in usable by the physically disabled.
the overall alterations for facilities
the name of the United States; however, subject to the standards in § 102– (f) Provide for building service
the requesting agency becomes the 76.65(a)? equipment that is accessible for
landholding agency and is responsible 102–76.75 What costs are included in the maintenance, repair, or replacement
for providing and funding protection costs of alterations to provide an without significantly disturbing
and maintenance for the property. accessible path of travel to an altered occupied space.
area containing a primary function for (g) Consider ease of operation when
§ 102–75.1290 What happens if the facilities subject to the standards in
landholding agency requesting the property
selecting mechanical and electrical
§ 102–76.65(a)? equipment.
does not promptly accept custody and 102–76.80 What is required if the costs of
accountability? (h) Agencies must follow the
alterations to provide an accessible path
of travel to an altered area containing a
prospectus submission and approval
(a) The requesting agency must policy identified in §§ 102–73.35 and
assume protection and maintenance primary function are disproportionate to
the costs of the overall alterations for 102–73.40 of this chapter.
responsibilities for the property within
facilities subject to the standards in
30 days of the date of the letter § 102–76.65(a)? Subpart B—Design and Construction
assigning custody and accountability for 102–76.85 What is a primary function area
the property. § 102–76.15 What are design and
for purposes of providing an accessible
(b) After notifying the requesting construction services?
route in leased facilities subject to the
agency, GSA may, at its discretion, standards in § 102–76.65(a)? Design and construction services
pursue other disposal options. 102–76.90 Who has the authority to waive are—
■ 6. Revise part 102–76 to read as
or modify the standards in § 102– (a) Site planning and landscape
76.65(a)? design;
follows: 102–76.95 What recordkeeping (b) Architectural and interior design;
responsibilities do Federal agencies and
PART 102–76—DESIGN AND have?
CONSTRUCTION (c) Engineering systems design.
Authority: 40 U.S.C. 121(c) (in furtherance
Subpart A—General Provisions of the Administrator’s authorities under 40 § 102–76.20 What issues must Federal
U.S.C. 3301–3315 and elsewhere as included agencies consider in providing site
Sec. planning and landscape design services?
102–76.5 What is the scope of this part? under 40 U.S.C. 581 and 583; E.O. 12411, 48
102–76.10 What basic design and FR 13391, 3 CFR, 1983 Comp., p. 155; E.O. In providing site planning and design
construction policy governs Federal 12512, 50 FR 18453, 3 CFR, 1985 Comp., p. services, Federal agencies must—
agencies? 340). (a) Make the site planning and
landscape design a direct extension of
Subpart B—Design and Construction Subpart A—General Provisions the building design;
102–76.15 What are design and (b) Make a positive contribution to the
construction services? § 102–76.5 What is the scope of this part?
surrounding landscape;
102–76.20 What issues must Federal The real property policies contained (c) Consider requirements (other than
agencies consider in providing site in this part apply to Federal agencies, procedural requirements) of local
planning and landscape design services? including GSA’s Public Buildings zoning laws and laws relating to
102–76.25 What standards must Federal Service (PBS), operating under, or
agencies meet in providing architectural setbacks, height, historic preservation,
subject to, the authorities of the and aesthetic qualities of a building;
and interior design services? Administrator of General Services.
102–76.30 What seismic safety standards (d) Identify areas for future building
must Federal agencies follow in the § 102–76.10 What basic design and expansion in the architectural and site
design and construction of Federal construction policy governs Federal design concept for all buildings where
facilities? agencies? an expansion need is identified to exist;
National Environmental Policy Act of 1969 Federal agencies, upon approval from (e) Create a landscape design that is
GSA, are bound by the following basic a pleasant, dynamic experience for
102–76.35 What is the purpose of the
National Environmental Policy Act of design and construction policies: occupants and visitors to Federal
1969, as amended (NEPA)? (a) Provide the highest quality facilities and, where appropriate,
102–76.40 To which real property actions services for designing and constructing encourage public access to and
does NEPA apply? new Federal facilities and for repairing stimulate pedestrian traffic around the
102–76.45 What procedures must Federal and altering existing Federal facilities. facilities. Coordinate the landscape
agencies follow to implement the These services must be timely, efficient, design with the architectural
requirements of NEPA? and cost effective. characteristics of the building;
Sustainable Development (b) Use a distinguished architectural (f) Comply with the requirements of
style and form in Federal facilities that the National Environmental Policy Act
102–76.50 What is sustainable
development? reflects the dignity, enterprise, vigor and of 1969, as amended, 42 U.S.C. 4321 et
102–76.55 What sustainable development stability of the Federal Government. seq., and the National Historic
principles must Federal agencies apply (c) Follow nationally recognized Preservation Act of 1966, as amended,
to the siting, design, and construction of model building codes and other 16 U.S.C. 470 et seq., for each project;
new facilities? applicable nationally recognized codes and
(g) Consider the vulnerability of the § 102–76.40 To which real property actions (1) Constructed or altered by, or on
facility as well as the security needs of does NEPA apply? behalf of, the United States;
the occupying agencies, consistent with NEPA applies to actions that may (2) Leased in whole or in part by the
the Interagency Security Committee have an impact on the quality of the United States;
standards and guidelines. human environment, including leasing,
acquiring, developing, managing and (3) Financed in whole or in part by a
§ 102–76.25 What standards must Federal disposing of real property. grant or loan made by the United States,
agencies meet in providing architectural if the building or facility is subject to
and interior design services? § 102–76.45 What procedures must standards for design, construction, or
Federal agencies must design Federal agencies follow to implement the alteration issued under the authority of
distinctive and high quality Federal requirements of NEPA?
the law authorizing such a grant or loan;
facilities that meet all of the following Federal agencies must follow the or
standards: procedures identified in the Council on
(a) Reflect the local architecture in Environmental Quality’s NEPA (4) Constructed under the authority of
buildings through the use of building implementing regulations, 40 CFR the National Capital Transportation Act
form, materials, colors, or detail. 1500–1508. In addition, Federal of 1960, the National Capital
Express a quality of permanence in the agencies must follow the standards that Transportation Act of 1965, or Title III
building interior similar to the building they have promulgated to implement of the Washington Metropolitan Area
exterior. CEQ’s regulations. Transit Regulation Compact.
(b) Provide individuals with Sustainable Development (b) The Architectural Barriers Act
disabilities ready access to, and use of, does not apply to any privately owned
the facilities in accordance with the § 102–76.50 What is sustainable residential facility unless leased by the
standards in § 102–76.65. development? Government for subsidized housing
(c) Use metric specifications in Sustainable development means programs, and any facility on a military
construction where the metric system is integrating the decision-making process reservation designed and constructed
the accepted industry standard, and to across the organization, so that every primarily for use by able bodied military
the extent that such usage is decision is made to promote the greatest personnel.
economically feasible and practical. long-term benefits. It means eliminating
(d) Provide for the design of security the concept of waste and building on § 102–76.65 What standards must facilities
systems to protect Federal workers and natural processes and energy flows and subject to the Architectural Barriers Act
visitors and to safeguard facilities cycles; and recognizing the meet?
against criminal activity and/or terrorist interrelationship of our actions with the (a) GSA adopts Appendices C and D
activity. Security design must support natural world. to 36 CFR part 1191 (ABA Chapters 1
the continuity of Government and 2, and Chapters 3 through 10) as the
operations during civil disturbances, § 102–76.55 What sustainable
development principles must Federal Architectural Barriers Act Accessibility
natural disasters and other emergency agencies apply to the siting, design, and Standard. Facilities subject to the
situations. construction of new facilities? Architectural Barriers Act (other than
(e) Design and construct facilities that facilities in 102–76.65(b) and (c)) must
In keeping with the objectives of
meet or exceed the energy performance meet the Architectural Barriers Act
Executive Order 13123, ‘‘Greening of the
standards applicable to Federal
Government Through Efficient Energy Accessibility Standard if the
buildings in 10 CFR part 435.
Management,’’ and Executive Order construction or alteration commences,
§ 102–76.30 What seismic safety 13101, ‘‘Greening of the Government or the lease is entered into after May 8,
standards must Federal agencies follow in Through Waste Prevention, Recycling, 2006. If the construction or alteration
the design and construction of Federal and Federal Acquisition,’’ Federal commences, or the lease is entered into
facilities? agencies must apply sustainable before May 8, 2006, the facility must
Federal agencies must follow the development principles to the siting, meet the Uniform Federal Accessibility
seismic safety standards identified in design, and construction of new Standards. The construction or
§ 102–80.45 of this chapter. facilities, which include— alteration of a facility for which plans
(a) Optimizing site potential; and specifications were completed or
National Environmental Policy Act of (b) Minimizing non-renewable energy
1969 substantially completed on or before
consumption; May 8, 2006, is permitted to meet the
§ 102–76.35 What is the purpose of the (c) Using environmentally preferable Uniform Federal Accessibility
National Environmental Policy Act of 1969, products; Standards if the construction or
as amended (NEPA)? (d) Protecting and conserving water;
alteration is commenced by May 8,
The purpose of NEPA is to— (e) Enhancing indoor environmental
quality; and 2008. The Architectural Barriers Act
(a) Declare a national policy which Accessibility Standard and the Uniform
will encourage productive and (f) Optimizing operational and
maintenance practices. Federal Accessibility Standards are
enjoyable harmony between man and available at www.access-board.gov.
his environment; Subpart C—Architectural Barriers Act (b) Residential facilities subject to the
(b) Promote efforts which will prevent
or eliminate damage to the environment § 102–76.60 To which facilities does the Architectural Barriers Act must meet the
and biosphere and stimulate the health Architectural Barriers Act apply? standards prescribed by the Department
and welfare of man; (a) The Architectural Barriers Act of Housing and Urban Development.
(c) Enrich the understanding of the applies to any facility that is intended (c) Department of Defense and United
ecological systems and natural resources for use by the public or that may result States Postal Service facilities subject to
important to the Nation; and in the employment or residence therein the Architectural Barriers Act must meet
(d) Establish a Council on of individuals with disabilities, which is the standards prescribed by those
Environmental Quality (CEQ). to be— agencies.
§ 102–76.70 When are the costs of § 102–76.80 What is required if the costs (2) The grant or loan has been or will
alterations to provide an accessible path of of alterations to provide an accessible path be made subject to a requirement that
travel to an altered area containing a of travel to an altered area containing a the standards will be incorporated in
primary function disproportionate to the primary function are disproportionate to the the design, the construction or the
costs of the overall alterations for facilities costs of the overall alterations for facilities
subject to the standards in § 102–76.65(a)? subject to the standards in § 102–76.65(a)?
alteration.
For facilities subject to the standards For facilities subject to the standards (3) The leased facility meets the
in § 102–76.65(a), the costs of alterations in § 102–76.65(a), if the costs of standards, or has been or will be altered
to provide an accessible path of travel alterations to provide an accessible path to meet the standards.
to an altered area containing a primary of travel to an altered area containing a (4) The standards have been waived
function are disproportionate to the primary function are disproportionate to or modified by the Administrator of
costs of the overall alterations when the costs of the overall alterations, the General Services, and a copy of the
they exceed 20 percent of the costs of path of travel must be made accessible waiver or modification is included with
the alterations to the primary function to the extent possible without exceeding the statement.
area. If a series of small alterations are 20 percent of the costs of the alterations
made to areas containing a primary (b) If a determination is made that a
to the primary function area. Priority facility is not subject to the standards in
function and the costs of any of the should be given to those elements that
alterations considered individually § 102–76.65(a) because the Architectural
will provide the greatest access in the Barriers Act does not apply to the
would not result in providing an following order:
accessible path of travel to the altered facility, the head of the Federal agency
(a) An accessible route and an must ensure that documentation is
areas, the total costs of the alterations accessible entrance;
made within the three year period after maintained to justify the determination.
(b) At least one accessible restroom
the initial alteration must be considered for each sex or a single unisex restroom; ■ 7. Revise part 102–77 to read as
when determining whether the costs of (c) Accessible telephones; follows:
alterations to provide an accessible path (d) Accessible drinking fountains; and
of travel to the altered areas are (e) Accessible parking spaces. PART 102–77—ART-IN-
disproportionate. Facilities for which ARCHITECTURE
new leases are entered into must § 102–76.85 What is a primary function
area for purposes of providing an Subpart A—General Provisions
comply with F202.6 of the Architectural
accessible route in leased facilities subject Sec.
Barriers Act Accessibility Standard to the standards in § 102–76.65(a)?
without regard to whether the costs of 102–77.5 What is the scope of this part?
alterations to comply with F202.6 are For purposes of providing an 102–77.10 What basic Art-in-Architecture
disproportionate to the costs of the accessible route in leased facilities policy governs Federal agencies?
overall alterations. subject to the standards in § 102– Subpart B—Art-in-Architecture
76.65(a), a primary function area is an
102–77.15 Who funds the Art-in-
§ 102–76.75 What costs are included in the area that contains a major activity for
Architecture efforts?
costs of alterations to provide an which the leased facility is intended.
accessible path of travel to an altered area 102–77.20 With whom should Federal
Primary function areas include areas agencies collaborate when
containing a primary function for facilities where services are provided to
subject to the standards in § 102–76.65(a)? commissioning and selecting art for
customers or the public, and offices and Federal buildings?
For facilities subject to the standards other work areas in which the activities 102–77.25 Do Federal agencies have
in § 102–76.65(a), the costs of alterations of the Federal agency using the leased responsibilities to provide national
to provide an accessible path of travel facility are carried out. visibility for Art-in-Architecture?
to an altered area containing a primary
§ 102–76.90 Who has the authority to Authority: 40 U.S.C. 121 and 3306.
function include the costs associated
with— waive or modify the standards in § 102–
76.65(a)? Subpart A—General Provisions
(a) Providing an accessible route to
connect the altered area and site arrival The Administrator of General Services § 102–77.5 What is the scope of this part?
points, including but not limited to has the authority to waive or modify the
interior and exterior ramps, elevators standards in § 102–76.65(a) on a case- The real property policies contained
and lifts, and curb ramps; by-case basis if the agency head or GSA in this part apply to Federal agencies,
(b) Making entrances serving the department head submits a request for including GSA’s Public Buildings
altered area accessible, including but waiver or modification and the Service (PBS), operating under, or
not limited to widening doorways and Administrator determines that the subject to, the authorities of the
installing accessible hardware; waiver or modification is clearly Administrator of General Services.
(c) Making restrooms serving the necessary. § 102–77.10 What basic Art-in-Architecture
altered area accessible, including, but policy governs Federal agencies?
not limited to, enlarging toilet stalls, § 102–76.95 What recordkeeping
installing grab bars and accessible faucet responsibilities do Federal agencies have? Federal agencies must incorporate
controls, and insulating pipes under (a) The head of each Federal agency fine arts as an integral part of the total
lavatories; must ensure that documentation is building concept when designing new
(d) Making public telephones serving maintained on each contract, grant or Federal buildings, and when making
the altered area accessible, including, loan for the design, construction or substantial repairs and alterations to
but not limited to, placing telephones at alteration of a facility and on each lease existing Federal buildings, as
an accessible height, and installing for a facility subject to the standards in appropriate. The selected fine arts,
amplification devices and TTYs; § 102–76.65(a) containing one of the including painting, sculpture, and
(e) Making drinking fountains serving following statements: artistic work in other media, must
the altered area accessible; and (1) The standards have been or will be reflect the national cultural heritage and
(f) Making parking spaces serving the incorporated in the design, the emphasize the work of living American
altered area accessible. construction or the alteration. artists.
Subpart B—Art-in-Architecture 102–78.40 What responsibilities do Federal § 102–78.20 Are Federal agencies required
agencies have when an undertaking to identify historic properties?
§ 102–77.15 Who funds the Art-in- adversely affects an historic or cultural Yes, Federal agencies must identify
Architecture efforts? property? all National Register or National
To the extent not prohibited by law, 102–78.45 What are Federal agencies’
Register-eligible historic properties
Federal agencies must fund the Art-in- responsibilities concerning nomination
of properties to the National Register? under their control. In addition, Federal
Architecture efforts by allocating a 102–78.50 What historic preservation agencies must apply National Register
portion of the estimated cost of services must Federal agencies provide? Criteria (36 CFR part 63) to properties
constructing or purchasing new Federal 102–78.55 For which properties must that have not been previously evaluated
buildings, or of completing major Federal agencies provide historic for National Register eligibility and that
repairs and alterations of existing preservation services? may be affected by the undertakings of
buildings. Funding for qualifying 102–78.60 When leasing space, are Federal Federally sponsored activities.
projects, including new construction, agencies able to give preference to space
building purchases, other building in historic properties or districts? § 102–78.25 What is an undertaking?
acquisition, or prospectus-level repair 102–78.65 What are Federal agencies’ The term undertaking means a
historic preservation responsibilities project, activity, or program funded in
and alteration projects, must be in a when disposing of real property under
range determined by the Administrator their control?
whole or in part under the direct or
of General Services. 102–78.70 What are an agency’s historic indirect jurisdiction of a Federal agency,
preservation responsibilities when including those—
§ 102–77.20 With whom should Federal (a) Carried out by or on behalf of the
disposing of another Federal agency’s
agencies collaborate with when agency;
real property?
commissioning and selecting art for Federal (b) Carried out with Federal financial
buildings? Authority: 16 U.S.C. 470h–2; 40 U.S.C.
121(c) and 581. assistance; or
To the maximum extent practicable, (c) Requiring a Federal permit,
Federal agencies should seek the license, or approval.
support and involvement of local
citizens in selecting appropriate § 102–78.5 What is the scope of this part? § 102–78.30 Who are consulting parties?
artwork. Federal agencies should As more particularly described in 36
The real property policies contained
collaborate with the artist and CFR 800.2(c), consulting parties are
in this part apply to Federal agencies,
community to produce works of art that those parties having consultative roles
including GSA’s Public Buildings
reflect the cultural, intellectual, and in the Section 106 process (i.e., Section
Service (PBS), operating under, or
historic interests and values of a 106 of the National Historic
subject to, the authorities of the
community. In addition, Federal Preservation Act), which requires
Administrator of General Services. The
agencies should work collaboratively Federal agencies to take into account the
policies in this part are in furtherance
with the architect of the building and art effects of their undertakings on historic
of GSA’s preservation program under
professionals, when commissioning and properties and afford the Council a
section 110 of the National Historic
selecting art for Federal buildings. reasonable opportunity to comment on
Preservation Act of 1966, as amended
Federal agencies should commission such undertakings. Specifically,
(16 U.S.C. 470) and apply to properties
artwork that is diverse in style and consulting parties include the State
under the jurisdiction or control of the
media. Historic Preservation Officer; the Tribal
Administrator and to any Federal
Historic Preservation Officer; Indian
§ 102–77.25 Do Federal agencies have agencies operating, maintaining or
tribes and Native Hawaiian
responsibilities to provide national visibility protecting such properties under a
organizations; representatives of local
for Art-in-Architecture? delegation of authority from the
governments; applicants for Federal
Yes, Federal agencies should provide Administrator.
assistance, permits, licenses, and other
Art-in-Architecture that receives approvals; other individuals and
§ 102–78.10 What basic historic
appropriate national and local visibility preservation policy governs Federal organizations with a demonstrated
to facilitate participation by a large and agencies? interest in the undertaking; and the
diverse group of artists representing a Advisory Council (if it elects to
wide variety of types of artwork. To protect, enhance and preserve
historic and cultural property under participate in the consultation).
■ 8. Revise part 102–78 to read as
their control, Federal agencies must § 102–78.35 Are Federal agencies required
follows: consider the effects of their to involve consulting parties in their
PART 102–78—HISTORIC undertakings on historic and cultural historic preservation activities?
PRESERVATION properties and give the Advisory Yes, Federal agencies must solicit
Council on Historic Preservation information from consulting parties to
Subpart A—General Provisions (Advisory Council), the State Historic carry out their responsibilities under
Sec. Preservation Officer (SHPO), and other historic and cultural preservation laws
102–78.5 What is the scope of this part? consulting parties a reasonable and regulations. Federal agencies must
102–78.10 What basic historic preservation opportunity to comment regarding the invite the participation of consulting
policy governs Federal agencies? proposed undertakings. parties through their normal public
Subpart B—Historic Preservation notification processes.
Subpart B—Historic Preservation
102–78.15 What are historic properties?
§ 102–78.40 What responsibilities do
102–78.20 Are Federal agencies required to § 102–78.15 What are historic properties?
Federal agencies have when an undertaking
identify historic properties?
102–78.25 What is an undertaking? Historic properties are those that are adversely affects a historic or cultural
included in, or eligible for inclusion in, property?
102–78.30 Who are consulting parties?
102–78.35 Are Federal agencies required to the National Register of Historic Places Federal agencies must not perform an
involve consulting parties in their (National Register) as more specifically undertaking that could alter, destroy, or
historic preservation activities? defined at 36 CFR 800.16. modify an historic or cultural property
until they have consulted with the agency purposes. Agencies are required Utilization of Space
SHPO and the Advisory Council. to get the Secretary of the Interior’s 102–79.50 What standard must Executive
Federal agencies must minimize all approval of the plans of transferees of agencies promote in their utilization of
adverse impacts of their undertakings surplus Federally-owned historic space?
on historic or cultural properties to the properties; and 102–79.55 Is there a general hierarchy of
extent that it is feasible and prudent to consideration that agencies must follow
(b) Review all proposed excess actions in their utilization of space?
do so. Federal agencies must follow the to identify any properties listed in or 102–79.60 Are agencies required to use
specific guidance on the protection of eligible for listing in the National historic properties available to the
historic and cultural properties in 36 Register. Federal agencies must not agency?
CFR part 800. perform disposal actions that could Outleasing
§ 102–78.45 What are Federal agencies’ result in the alteration, destruction, or
102–79.65 May Executive agencies outlease
responsibilities concerning nomination of modification of an historic or cultural
space on major public access levels,
properties to the National Register? property until Federal agencies have courtyards and rooftops of public
Federal agencies must nominate to the consulted with the SHPO and the buildings?
National Register all properties under Advisory Council.
Siting Antennas on Federal Property
their control determined eligible for
§ 102–78.70 What are an agency’s historic 102–79.70 May Executive agencies assess
inclusion in the National Register. preservation responsibilities when fees against other Executive agencies for
§ 102–78.50 What historic preservation disposing of another Federal agency’s real antenna placements and supporting
services must Federal agencies provide? property? services?
Federal agencies must provide the Federal agencies must not accept 102–79.75 May Executive agencies assess
following historic preservation services: fees for antenna placements against
property declared excess by another
(a) Prepare a Historic Building public service organizations for antenna
Federal agency nor act as an agent for site outleases on major pedestrian access
Preservation Plan for each National transfer or sale of such properties until levels, courtyards, and rooftops of public
Register or National Register-eligible the holding agency provides evidence buildings?
property under their control. When that the Federal agency has met its 102–79.80 May Executive agencies assess
approved by consulting parties, such National Historic Preservation Act fees for antenna placements against
plans become a binding management responsibilities. telecommunication service providers for
plan for the property. antenna site outleases on major
(b) Investigate for historic and cultural ■ 9. Revise part 102–79 to read as pedestrian access levels, courtyards, and
factors all proposed sites for direct and follows: rooftops of public buildings?
leased construction. 102–79.85 What policy must Executive
PART 102–79—ASSIGNMENT AND agencies follow concerning the
§ 102–78.55 For which properties must UTILIZATION OF SPACE placement of commercial antennas on
Federal agencies assume historic Federal property?
preservation responsibilities? Subpart A—General Provisions 102–79.90 What criteria must Executive
Federal agencies must assume historic Sec. agencies consider when evaluating
preservation responsibilities for real 102–79.5 What is the scope of this part? antenna siting requests?
102–79.10 What basic assignment and 102–79.95 Who is responsible for the costs
property assets under their custody and associated with providing access to
control. Federal agencies occupying utilization of space policy governs an
Executive agency? antenna sites?
space in buildings under the custody 102–79.100 What must Federal agencies do
and control of other Federal agencies Subpart B—Assignment and Utilization of with antenna siting fees that they
must obtain approval from the agency Space collect?
having custody and control of the 102–79.15 What objectives must an
Integrated Workplace
building. Executive agency strive to meet in
providing assignment and utilization of 102–79.105 What is the Integrated
§ 102–78.60 When leasing space, are space services? Workplace?
Federal agencies able to give preference to 102–79.110 What Integrated Workplace
space in historic properties or districts? Assignment of Space policy must Federal agencies strive to
Yes, Executive Order 13006 requires 102–79.20 What standard must Executive promote?
Federal agencies that have a mission agencies promote when assigning space? 102–79.111 Where may Executive agencies
find additional information on Integrated
requirement to locate in an urban area Child Care Workplace concepts?
to give first consideration to space in 102–79.25 May Federal agencies allot space
historic buildings and districts inside in Federal buildings for the provision of Public Access Defibrillation Programs
central business areas. Agencies may child care services? 102–79.115 What guidelines must an
give a price preference of up to 10 agency follow if it elects to establish a
Fitness Centers public access defibrillation program in a
percent to space in historic buildings
and districts, in accordance with 102–79.30 May Federal agencies allot space Federal facility?
§§ 102–73.120 and 102–73.125 of this in Federal buildings for establishing
Authority: 40 U.S.C. 121(c); E.O. 12411, 48
fitness centers?
chapter. FR 13391, 3 CFR, 1983 Comp., p. 155; and
102–79.35 What elements must Federal
E.O. 12512, 50 FR 18453, 3 CFR, 1985 Comp.,
§ 102–78.65 What are Federal agencies’ agencies address in their planning effort
p. 340.
historic preservation responsibilities when for establishing fitness programs?
disposing of real property under their Federal Credit Unions Subpart A—General Provisions
control?
102–79.40 Can Federal agencies allot space § 102–79.5 What is the scope of this part?
Federal agencies must— in Federal buildings to Federal credit
(a) To the extent practicable, establish unions? The real property policies contained
and implement alternatives for historic 102–79.45 What type of services may in this part apply to Federal agencies,
properties, including adaptive use, that Federal agencies provide without charge including GSA’s Public Buildings
are not needed for current or projected to Federal credit unions? Service (PBS), operating under, or
subject to, the authorities of the Fitness Centers (c) Electricity;

Administrator of General Services. (d) Office furniture;
§ 102–79.30 May Federal agencies allot (e) Office machines and equipment;
§ 102–79.10 What basic assignment and space in Federal buildings for establishing
(f) Telephone service (including
utilization of space policy governs an fitness centers?
installation of lines and equipment and
Executive agency? Yes, in accordance with 5 U.S.C. other expenses associated with
7901, Federal agencies can allot space in telephone service); and
Executive agencies must provide a
Federal buildings for establishing fitness (g) Security systems (including
quality workplace environment that programs.
supports program operations, preserves installation and other expenses
the value of real property assets, meets § 102–79.35 What elements must Federal associated with security systems).
the needs of the occupant agencies, and agencies address in their planning effort for Utilization of Space
provides child care and physical fitness establishing fitness programs?
facilities in the workplace when Federal agencies must address the § 102–79.50 What standard must Executive
adequately justified. An Executive following elements in their planning agencies promote in their utilization of
effort for establishing fitness programs: space?
agency must promote maximum
utilization of Federal workspace, (a) A survey indicating employee Executive agencies, when acquiring or
consistent with mission requirements, interest in the program. utilizing Federally owned or leased
to maximize its value to the (b) A three-to five-year space under Title 40 of the United
Government. implementation plan demonstrating States Code, must promote efficient
long-term commitment to physical utilization of space. Where there is no
Subpart B—Assignment and Utilization fitness/health for employees. Federal agency space need, Executive
of Space (c) A health related orientation, agencies must make every effort to
including screening procedures, maximize the productive use of vacant
§ 102–79.15 What objectives must an individualized exercise programs, space through the issuance of permits,
Executive agency strive to meet in identification of high-risk individuals, licenses or leases to non-Federal entities
providing assignment and utilization of and appropriate follow-up activities. to the extent authorized by law. (For
space services? (d) Identification of a person skilled vacant property determined excess to
Executive agencies must provide in prescribing exercise to direct the agency needs, refer to part 102-75, Real
fitness program. Property Disposal.)
assignment and utilization services that
(e) An approach that will consider key
will maximize the value of Federal real health behavior related to degenerative § 102–79.55 Is there a general hierarchy of
property resources and improve the disease, including smoking and consideration that agencies must follow in
productivity of the workers housed nutrition.
their utilization of space?
therein. (f) A modest facility that includes Yes, Federal agencies must—
only the essentials necessary to conduct (a) First utilize space in Government-
Assignment of Space
a program involving cardiovascular and owned and Government-leased
§ 102–79.20 What standard must Executive muscular endurance, strength activities, buildings; and
agencies promote when assigning space? and flexibility. (b) If there is no suitable space in
(g) Provision for equal opportunities Government-owned and Government-
Executive agencies must promote the leased buildings, utilize space in
for men and women, and all employees,
optimum use of space for each buildings under the custody and control
regardless of grade level.
assignment at an economical cost to the of the U.S. Postal Service; and
Government, provide quality workspace Federal Credit Unions (c) If there is no suitable space in
that is delivered and occupied in a buildings under the custody and control
§ 102–79.40 Can Federal agencies allot
timely manner, and assign space based space in Federal buildings to Federal credit of the U.S. Postal Service, agencies may
on mission requirements. unions? acquire real estate by lease, purchase, or
Child Care Yes, in accordance with 12 U.S.C. construction, as specified in part 102–73
1770, Federal agencies may allot space of this chapter.
§ 102–79.25 May Federal agencies allot in Federal buildings to Federal credit § 102–79.60 Are agencies required to use
space in Federal buildings for the provision unions without charge for rent or historic properties available to the agency?
of child care services? services if— Yes, Federal agencies must assume
Yes, in accordance with 40 U.S.C. (a) At least 95 percent of the responsibility for the preservation of the
590, Federal agencies can allot space in membership of the credit union to be historic properties they own or control.
Federal buildings to individuals or served by the allotment of space is Prior to acquiring, constructing or
entities who will provide child care composed of persons who either are leasing buildings, agencies must use, to
services to Federal employees if such— presently Federal employees or were the maximum extent feasible, historic
Federal employees at the time of
(a) Space is available; properties already owned or leased by
admission into the credit union, and the agency (16 U.S.C. 470h–2).
(b) Agency determines that such space members of their families; and
will be used to provide child care (b) Space is available. Outleasing
services to children of whom at least 50
§ 102–79.45 What type of services may § 102–79.65 May Executive agencies
percent have one parent or guardian Federal agencies provide without charge to outlease space on major public access
who is a Federal Government employee; Federal credit unions? levels, courtyards and rooftops of public
and buildings?
Federal agencies may provide without
(c) Agency determines that such charge to Federal credit union services Yes. Authority to execute such
individual or entity will give priority for such as— outleases may be delegated by the
available child care services in such (a) Lighting; Administrator based on authorities
space to Federal employees. (b) Heating and cooling; provided by the Public Buildings
Cooperative Use Act (40 U.S.C. proceeds from such charges or fees must amended, and implementing
§ 581(h)), the proceeds of which are to be credited to GSA’s Federal Buildings regulations;
be deposited into GSA’s Federal Fund. (d) Protection of natural and cultural
Buildings Fund. Using such authority, resources (e.g., National Parks and
Executive agencies, upon approval from § 102–79.80 May Executive agencies Wilderness areas, National Wildlife
assess fees for antenna placements against
GSA, may— Refuge systems);
telecommunication service providers for
(a) Enter into leases of space on major (e) Compliance with the appropriate
antenna site outleases on major pedestrian
public access levels, courtyards and access levels, courtyards, and rooftops of level of review and documentation as
rooftops of any public building with public buildings? necessary under the National
persons, firms, or organizations engaged Environmental Policy Act of 1969, as
Yes. GSA, or other Executive amended, and implementing regulations
in commercial, cultural, educational, or
agencies, upon approval from GSA, may of each Federal department and agency
recreational activities (as defined in 40
charge fees based on market value to responsible for the antenna siting
U.S.C. 3306);
telecommunication service providers for project, and the Federal Aviation
(b) Establish rental rates for such
antenna placements in public buildings. Administration, the National
leased space equivalent to the prevailing
Market value should be equivalent to Telecommunications and Information
commercial rate for comparable space
the prevailing commercial rate for Administration, and other relevant
devoted to a similar purpose in the
comparable space for commercial departments and agencies;
vicinity of the building; and
antenna placements in the vicinity of (f) Compliance with the Federal
(c) Use leases that contain terms and
the public building. Such fees must be Communications Commission’s (FCC)
conditions that the Administrator deems
credited to GSA’s Federal Buildings guidelines for radiofrequency exposure,
necessary to promote competition and
Fund. ET Docket No. 93–62, entitled
protect the public interest.
§ 102–79.85 What policy must Executive ‘‘Guidelines for Evaluating the
Siting Antennas on Federal Property Environmental Effects of
agencies follow concerning the placement
§ 102–79.70 May Executive agencies of commercial antennas on Federal Radiofrequency Radiation,’’ issued
assess fees against other Executive property? August 1, 1996, and any other order on
agencies for antenna placements and Executive agencies will make antenna reconsideration relating to
supporting services? sites available on a fair, reasonable, and radiofrequency guidelines and their
Yes. Executive agencies, upon nondiscriminatory basis. Collocation of enforcement. These are updated
approval from GSA, may assess fees for antennas should be encouraged where guidelines for meeting health concerns
placement of antennas and supporting there are multiple antenna siting that reflect the latest scientific
services against other agencies (that own requests for the same location. In cases knowledge in this area, and are
these antennas) under 40 U.S.C. 586(c) where this is not feasible and space supported by Federal health and safety
and 40 U.S.C. 121(e). Unless a differing availability precludes accommodating agencies such as the Environmental
rate has been approved by the all antenna siting applicants, Protection Agency and the Food and
Administrator, such fees or charges competitive procedures may be used. Drug Administration; and
must approximate commercial charges This should be done in accordance with (g) Any requirements of the Federal
for comparable space and services (i.e., applicable Federal, State and local laws agency managing the facility, FCC,
market rates). The proceeds from such and regulations, and consistent with Federal Aviation Administration,
charges or fees must be credited to the national security concerns. In making National Telecommunications and
appropriation or fund initially charged antenna sites available, agencies must Information Administration, and other
for providing the space or services. Any avoid electromagnetic intermodulations relevant departments and agencies. To
amounts in excess of actual operating and interferences. To the maximum the maximum extent practicable, when
and maintenance costs must be credited extent practicable, when placing placing antennas for the provision of
to miscellaneous receipts unless antennas for the provision of telecommunication services to the
otherwise provided by law. The charges telecommunication services to the Federal Government, agencies should
or fees assessed by the Administrator for Federal Government, agencies should use redundant and physically separate
the placement of antennas and use redundant and physically separate entry points into the building and
supporting services in GSA-controlled entry points into the building and physically diverse local network
space are generally credited to GSA’s physically diverse local network facilities in accordance with guidance
Federal Buildings Fund. facilities in accordance with guidance issued by the Office of Management and
issued by the Office of Management and Budget. In addition, the National Capital
§ 102–79.75 May Executive agencies Planning Commission should be
assess fees for antenna placements against Budget.
consulted for siting requests within the
public service organizations for antenna § 102–79.90 What criteria must Executive Washington, D.C. metropolitan area.
site outleases on major pedestrian access agencies consider when evaluating antenna
levels, courtyards, and rooftops of public siting requests? § 102–79.95 Who is responsible for the
buildings? costs associated with providing access to
Yes. Executive agencies in GSA- When evaluating antenna siting antenna sites?
controlled space, upon approval from requests, Executive agencies must The telecommunications service
GSA, may assess fees for antenna consider issues such as— provider is responsible for any
placements against public service (a) Public health and safety with reasonable costs to Federal agencies
organizations under 40 U.S.C. 581(h) respect to the antenna installation and associated with providing access to
and 40 U.S.C. 121(e). Such fees or rental maintenance; antenna sites, including obtaining
rates must be equivalent to the (b) Aesthetics; appropriate clearance of provider
prevailing commercial rate for (c) Effects on historic districts, sites, personnel for access to buildings or land
comparable space devoted to buildings, monuments, structures, or deemed to be security sensitive as is
commercial antenna placements in the other objects pursuant to the National done with service contractor personnel.
vicinity of the public building and the Historic Preservation Act of 1966, as OMB Circular A–25, entitled ‘‘User
Charges,’’ revised July 8, 1993, provides § 102–79.110 What Integrated Workplace Subpart B—Safety and Environmental
guidelines that agencies should use to policy must Federal agencies strive to Management
assess fees for Government services and promote?
Asbestos
for the sale or use of Government Federal agencies must strive to design
102–80.15 What are Federal agencies’
property or resources. For antenna sites work places that— responsibilities concerning the
on non-GSA property, see also the (a) Are developed using sustainable assessment and management of asbestos?
Department of Commerce Report on development concepts (see § 102–
76.55); Radon
‘‘Improving Rights-of-Way Management
Across Federal Lands: A Roadmap for (b) Align with the organization’s 102–80.20 What are Federal agencies’
Greater Broadband Deployment’’ (April mission and strategic plan; responsibilities concerning the
(c) Serve the needs and work practices abatement of radon?
2004) beginning at page 26. Under 40
U.S.C. 1314, GSA is covered in granting of the occupants; Indoor Air Quality
easements and permits to support the (d) Can be quickly and inexpensively
installation of antennas and cabling adjusted by the user to maximize his or responsibilities concerning the
across raw land in support of her productivity and satisfaction; management of indoor air quality?
(e) Are comfortable, efficient, and
constructing new and improving Lead
technologically advanced and allow
existing telecommunication
people to accomplish their work in the 102–80.30 What are Federal agencies’
infrastructures provided that such responsibilities concerning lead?
most efficient way;
installation does not negatively impact
(f) Meet the office’s needs and can Hazardous Materials and Wastes
on the Government.
justify its cost through the benefits 102–80.35 What are Federal agencies’
§ 102–79.100 What must Federal agencies gained; responsibilities concerning the
do with antenna siting fees that they (g) Are developed with an integrated monitoring of hazardous materials and
collect? building systems approach; wastes?
The account into which an antenna (h) Are based on a life cycle cost
Underground Storage Tanks
siting fee is to be deposited depends on analysis that considers both facility and
human capital costs over a substantial 102–80.40 What are Federal agencies’
the authority under which the antenna responsibilities concerning the
site is made available and the fee time period; and
(i) Support alternative workplace management of underground storage
assessed. For GSA-controlled property tanks?
arrangements, including telecommuting,
outleased under 40 U.S.C. 581(h) or Seismic Safety
hoteling, virtual offices, and other
section 412 of Division H of public law
distributive work arrangements (see Part 102–80.45 What are Federal agencies’
108–447, the fee is to be deposited into
102–74, Subpart F—Telework). responsibilities concerning seismic
GSA’s Federal Building Fund. For safety in Federal facilities?
surplus property outleased under 40 § 102–79.111 Where may Executive
U.S.C. 543, the fee is to be deposited in agencies find additional information on Risks and Risk Reduction Strategies
accordance with the provisions of Integrated Workplace concepts? 102–80.50 Are Federal agencies responsible
Subchapter IV of Chapter 5 of Subtitle The GSA Office of Governmentwide for identifying/estimating risks and for
I of Title 40 of the United States Code. Policy provides additional guidance in appropriate risk reduction strategies?
For siting fees collected under other 102–80.55 Are Federal agencies responsible
its publication entitled ‘‘Innovative
for managing the execution of risk
statutory authorities, the fees might be Workplace Strategies.’’ reduction projects?
deposited into miscellaneous receipts,
an account of the landholding agency, Public Access Defibrillation Programs Facility Assessments
or as otherwise provided by law. § 102–79.115 What guidelines must an 102–80.60 Are Federal agencies responsible
Federal agencies should consult with agency follow if it elects to establish a for performing facility assessments?
their agency’s legal advisors before public access defibrillation program in a Incident Investigation
depositing antenna proceed from sites Federal facility?
on agency-controlled Federal property. Federal agencies electing to establish responsibilities concerning the
Integrated Workplace a public access defibrillation program in investigation of incidents, such as fires,
a Federal facility must follow the accidents, injuries, and environmental
§ 102–79.105 What is the Integrated guidelines, entitled ‘‘Guidelines for incidents?
Workplace? Public Access Defibrillation Programs in Responsibility for Informing Tenants
The Integrated Workplace, developed Federal Facilities,’’ which can be
102–80.70 Are Federal agencies responsible
by the GSA Office of Governmentwide obtained from the Office of
for informing their tenants of the
Policy, is a comprehensive, Governmentwide Policy, Office of Real condition and management of their
multidisciplinary approach to Property (MP), General Services facility safety and environment?
developing workspace and work Administration, 1800 F Street, NW,
Washington, DC 20405. Assessment of Environmental Issues
strategies that best support an
■ 10. Revise part 102–80 to read as 102–80.75 Who assesses environmental
organization’s strategic business goals issues in Federal construction and lease
and work processes, and have the follows:
construction projects?
flexibility to accommodate the changing
needs of the occupants and the PART 102–80—SAFETY AND Subpart C—Accident and Fire Prevention
organization. Integrated Workplace ENVIRONMENTAL MANAGEMENT 102–80.80 With what general accident and
concepts support the objectives of fire prevention policy must Federal
Executive Order 13327, ‘‘Federal Real agencies comply?
Sec.
Property Asset Management,’’ which 102–80.5 What is the scope of this part? State and Local Codes
calls for the enhancement of Federal 102–80.10 What are the basic safety and 102–80.85 Are Federally owned and leased
agency productivity through an environmental management policies for buildings exempt from State and local
improved working environment. real property? code requirements in fire protection?
Fire Administration Authorization Act of (c) Promote mission continuity; retest, as required, to adhere to EPA
1992 (d) Provide reasonable safeguards for standards.
102–80.90 Is the Fire Administration emergency forces if an incident occurs;
Authorization Act of 1992 (Pub. L. 102– Indoor Air Quality
(e) Assess risk;
522) relevant to fire protection (f) Make decision makers aware of § 102–80.25 What are Federal agencies’
engineering? risks; and responsibilities concerning the
102–80.95 Is the Fire Administration management of indoor air quality?
Authorization Act of 1992 applicable to
(g) Act promptly and appropriately in
all Federal agencies? response to risk. Federal agencies must assess indoor
air quality of buildings as part of their
Automatic Sprinkler Systems Subpart B—Safety and Environmental safety and environmental facility
102–80.100 What performance objective Management assessments. Federal agencies must
should an automatic sprinkler system be
capable of meeting? Asbestos respond to tenant complaints on air
quality and take appropriate corrective
Equivalent Level of Safety Analysis § 102–80.15 What are Federal agencies’ action where air quality does not meet
102–80.105 What information must be responsibilities concerning the assessment applicable standards.
included in an equivalent level of safety and management of asbestos?
analysis? Federal agencies have the following Lead
102–80.110 What must an equivalent level responsibilities concerning the § 102–80.30 What are Federal agencies’
of safety analysis indicate? assessment and management of responsibilities concerning lead?
102–80.115 Is there more than one option asbestos:
for establishing that an equivalent level
(a) Inspect and assess buildings for Federal agencies have the following
of safety exists? responsibilities concerning lead in
102–80.120 What analytical and empirical the presence and condition of asbestos-
containing materials. Space to be leased buildings:
tools should be used to support the life
safety equivalency evaluation? must be free of all asbestos containing (a) Test space for lead-based paint in
102–80.125 Who has the responsibility for materials, except undamaged asbestos renovation projects that require sanding,
determining the acceptability of each flooring in the space or undamaged welding or scraping painted surfaces.
equivalent level of safety analysis? boiler or pipe insulation outside the (b) Not remove lead based paint from
102–80.130 Who must perform the space, in which case an asbestos surfaces in good condition.
equivalent level of safety analysis?
management program conforming to (c) Test all painted surfaces for lead
102–80.135 Who is a qualified fire
protection engineer? U.S. Environmental Protection Agency in proposed or existing child care
(EPA) guidance must be implemented. centers.
Room of Origin (b) Manage in-place asbestos that is in (d) Abate lead-based paint found in
102–80.140 What is meant by ‘‘room of good condition and not likely to be accordance with U.S. Department of
origin’’? disturbed. Housing and Urban Development (HUD)
Flashover (c) Abate damaged asbestos and Lead-Based Paint Guidelines, available
102–80.145 What is meant by ‘‘flashover’’?
asbestos likely to be disturbed. Federal by writing to HUD USER, P.O. Box
agencies must perform a pre-alteration 6091, Rockville, MD 20850.
Reasonable Worst Case Fire Scenario asbestos assessment for activities that (e) Test potable water for lead in all
102–80.150 What is meant by ‘‘reasonable may disturb asbestos. drinking water outlets.
worst case fire scenario’’? (d) Not use asbestos in new
(f) Take corrective action when lead
Authority: 40 U.S.C. 121(c) and 581–593. construction, renovation/modernization
levels exceed the HUD Guidelines.
or repair of their owned or leased space.
Subpart A—General Provisions Unless approved by GSA, Federal Hazardous Materials and Wastes
agencies must not obtain space with
§ 102–80.5 What is the scope of this part? asbestos through purchase, exchange, § 102–80.35 What are Federal agencies’
The real property policies contained responsibilities concerning the monitoring
transfer, or lease, except as identified in of hazardous materials and wastes?
in this part apply to Federal agencies, paragraph (a) of this section.
including GSA’s Public Buildings (e) Communicate all written and oral Federal agencies’ responsibilities
Service (PBS), operating under, or asbestos information about the leased concerning the monitoring of hazardous
subject to, the authorities of the space to tenants. materials and wastes are as follows:
Administrator of General Services. The (a) Monitor the transport, use, and
responsibilities for safety and Radon disposition of hazardous materials and
environmental management under this § 102–80.20 What are Federal agencies’ waste in buildings to provide for
part are intended to apply to GSA or responsibilities concerning the abatement compliance with GSA, Occupational
those Federal agencies operating in GSA of radon? Safety and Health Administration
space pursuant to a GSA delegation of Federal agencies have the following (OSHA), Department of Transportation,
authority. responsibilities concerning the EPA, and applicable State and local
§ 102–80.10 What are the basic safety and abatement of radon in space when radon requirements. In addition to those
environmental management policies for real levels exceed current EPA standards: operating in GSA space pursuant to a
property? (a) Retest abated areas and make delegation of authority, tenants in GSA
The basic safety and environmental lessors retest, as required, abated areas space must comply with these
management policies for real property to adhere to EPA standards. requirements.
are that Federal agencies must— (b) Test non-public water sources (in (b) In leased space, include in all
(a) Provide for a safe and healthful remote areas for projects such as border agreements with the lessor requirements
work environment for Federal stations) for radon according to EPA that hazardous materials stored in
employees and the visiting public; guidance. Radon levels that exceed leased space are kept and maintained
(b) Protect Federal real and personal current applicable EPA standards must according to applicable Federal, State,
property; be mitigated. Federal agencies must and local environmental regulations.
Underground Storage Tanks applicable Federal, State and local operations, and that allow emergency
environmental laws and regulations. forces to accomplish their missions
§ 102–80.40 What are Federal agencies’ Federal agencies should conduct these effectively;
responsibilities concerning the
management of underground storage
evaluations in accordance with (d) Follow accepted fire prevention
tanks? schedules that are compatible with practices in operating and managing
repair and alteration and leasing buildings;
Federal agencies have the following
operations. (e) To the maximum extent feasible,
responsibilities concerning the
management of underground storage Incident Investigation comply with one of the nationally
tanks in real property: recognized model building codes and
(a) Register, manage and close § 102–80.65 What are Federal agencies’ with other nationally-recognized codes
responsibilities concerning the in their construction or alteration of
underground storage tanks, including investigation of incidents, such as fires,
heating oil and fuel oil tanks, in each building in accordance with 40
accidents, injuries, and environmental U.S.C. 3312; and
accordance with GSA, EPA, and incidents?
applicable State and local requirements. (f) Use the applicable national codes
Federal agencies have the following and standards as a guide for their
(b) Require the party responsible for responsibilities concerning the
tanks they use but do not own to follow building operations.
investigation of incidents, such as fires,
these requirements and to be accidents, injuries, and environmental State and Local Codes
responsible for the cost of compliance. incidents in buildings they operate: § 102–80.85 Are Federally owned and
Seismic Safety (a) Investigate all incidents regardless leased buildings exempt from State and
of severity. local code requirements in fire protection?
§ 102–80.45 What are Federal agencies’ (b) Form Boards of Investigation for
responsibilities concerning seismic safety Federally owned buildings are
incidents resulting in serious injury,
in Federal facilities? generally exempt from State and local
death, or significant property losses.
Federal agencies must follow the code requirements in fire protection;
standards issued by the Interagency Responsibility for Informing Tenants however, in accordance with 40 U.S.C.
Committee on Seismic Safety in 3312, each building constructed or
§ 102–80.70 Are Federal agencies altered by a Federal agency must be
Construction (ICSSC) as the minimum responsible for informing their tenants of
level acceptable for use by Federal the condition and management of their
constructed or altered, to the maximum
agencies in assessing the seismic safety facility safety and environment? extent feasible, in compliance with one
of their owned and leased buildings and of the nationally recognized model
Yes, Federal agencies must inform
in mitigating unacceptable seismic risks building codes and with other
their tenants of the condition and
in those buildings. nationally recognized codes. Leased
management of their facility safety and
buildings are subject to local code
Risks and Risk Reduction Strategies environment. Agencies operating GSA
requirements and inspection.
buildings must report any significant
§ 102–80.50 Are Federal agencies facility safety or environmental Fire Administration Authorization Act
responsible for identifying/estimating risks concerns to GSA. of 1992
and for appropriate risk reduction
strategies? Assessment of Environmental Issues § 102–80.90 Is the Fire Administration
Yes, Federal agencies must identify Authorization Act of 1992 (Public Law 102–
§ 102–80.75 Who assesses environmental 522) relevant to fire protection engineering?
and estimate safety and environmental issues in Federal construction and lease
management risks and appropriate risk construction projects? Yes, the Fire Administration
reduction strategies for buildings. Authorization Act of 1992 (Pub. L. 102–
Federal agencies must assess required
Federal agencies occupying as well as 522) requires sprinklers or an equivalent
environmental issues throughout
operating buildings must identify any level of safety in certain types of Federal
planning and project development so
safety and environmental management employee office buildings, Federal
that the environmental impacts of a
risks and report or correct the situation, employee housing units, and Federally
project are considered during the
as appropriate. Federal agencies must assisted housing units (15 U.S.C. 2227).
decision making process.
use the applicable national codes and
§ 102–80.95 Is the Fire Administration
standards as a guide for their building Subpart C—Accident and Fire Authorization Act of 1992 applicable to all
operations. Prevention Federal agencies?
§ 102–80.55 Are Federal agencies § 102–80.80 With what general accident Yes, the Fire Administration
responsible for managing the execution of and fire prevention policy must Federal Authorization Act applies to all Federal
risk reduction projects? agencies comply? agencies and all Federally owned and
Yes, Federal agencies must manage Federal agencies must— leased buildings in the United States.
the execution of risk reduction projects (a) Comply with the occupational Automatic Sprinkler Systems
in buildings they operate. Federal safety and health standards established
agencies must identify and take in the Occupational Safety and Health § 102–80.100 What performance objective
appropriate action to eliminate hazards Act of 1970 (Pub. L. 91–596); Executive should an automatic sprinkler system be
and regulatory noncompliance. Order 12196; 29 CFR part 1960; and capable of meeting?
Facility Assessments applicable safety and environmental The performance objective of the
management criteria identified in this automatic sprinkler system is that it
§ 102–80.60 Are Federal agencies part; must be capable of protecting human
responsible for performing facility (b) Not expose occupants and visitors lives. Sprinklers should be capable of
assessments? to unnecessary risks; controlling the spread of fire and its
Yes, Federal agencies must evaluate (c) Provide safeguards that minimize effects beyond the room of origin. A
facilities to comply with GSA’s safety personal harm, property damage, and functioning sprinkler system should
and environmental program and impairment of Governmental activate prior to the onset of flashover.
Equivalent Level of Safety Analysis number of assumed reasonable worst facility or providing Federal assistance
case fire scenarios including assessment or a designated representative will
§ 102–80.105 What information must be
of a code complying fully sprinklered determine the acceptability of each
included in an equivalent level of safety
analysis? building. Additional analysis would be equivalent level of safety analysis. The
used to determine the expected required determination of acceptability must
The equivalent level of life safety
safe egress times for the various include a review of the fire protection
evaluation is to be performed by a
scenarios. If the margin of safety plus an engineer’s qualifications, the
qualified fire protection engineer. The
appropriate safety factor is greater for an appropriateness of the fire scenarios for
analysis should include a narrative
discussion of the features of the alternative than for the fully sprinklered the facility, and the reasonableness of
building structure, function, operational building, then the alternative should the assumed maximum probable loss.
support systems and occupant activities provide an equivalent level of safety. Agencies should maintain a record of
that impact fire protection and life (b) A second alternative is applicable each accepted equivalent level of safety
safety. Each analysis should describe for typical office and residential analysis and provide copies to fire
potential reasonable worst case fire scenarios. In these situations, complete departments or other local authorities
scenarios and their impact on the sprinkler protection can be expected to for use in developing pre-fire plans.
building occupants and structure. prevent flashover in the room of fire
origin, limit fire size to no more than 1 § 102–80.130 Who must perform the
Specific issues that must be addressed equivalent level of safety analysis?
include rate of fire growth, type and megawatt (950 Btu/sec), and prevent
location of fuel items, space layout, flames from leaving the room of origin. A qualified fire protection engineer
building construction, openings and The times required for each of these must perform the equivalent level of
ventilation, suppression capability, conditions to occur in the area of safety analysis.
detection time, occupant notification, interest must be determined. The
§ 102–80.135 Who is a qualified fire
occupant reaction time, occupant shortest of these three times would
protection engineer?
mobility, and means of egress. become the time available for escape.
The difference between the minimum A qualified fire protection engineer is
§ 102–80.110 What must an equivalent time available for escape and the time defined as an individual with a
level of safety analysis indicate? required for evacuation of building thorough knowledge and understanding
To be acceptable, the analysis must occupants would be the target margin of of the principles of physics and
indicate that the existing and/or safety. Various alternative protection chemistry governing fire growth, spread,
proposed safety systems in the building strategies would have to be evaluated to and suppression, meeting one of the
provide a period of time equal to or determine their impact on the times at following criteria:
greater than the amount of time which hazardous conditions developed (a) An engineer having an
available for escape in a similar building in the spaces of interest and the times undergraduate or graduate degree from
complying with the Fire Administration required for egress. If a combination of a college or university offering a course
Authorization Act. In conducting these fire protection systems provides a of study in fire protection or fire safety
analyses, the capability, adequacy, and margin of safety equal to or greater than engineering, plus a minimum of 4 years
reliability of all building systems the target margin of safety, then the work experience in fire protection
impacting fire growth, occupant combination could be judged to provide engineering.
knowledge of the fire, and time required an equivalent level of safety.
to reach a safety area will have to be (b) A professional engineer (P.E. or
(c) As a third option, other technical
examined. In particular, the impact of similar designation) registered in Fire
analysis procedures, as approved by the
sprinklers on the development of Protection Engineering.
responsible agency head, can be used to
hazardous conditions in the area of show equivalency. (c) A professional engineer (P.E. or
interest will have to be assessed. similar designation) registered in a
§ 102–80.120 What analytical and empirical related engineering discipline and
§ 102–80.115 Is there more than one tools should be used to support the life holding Member grade status in the
option for establishing that an equivalent safety equivalency evaluation?
level of safety exists?
International Society of Fire Protection
Analytical and empirical tools, Engineers.
Yes, the following are three options including fire models and grading
for establishing that an equivalent level schedules such as the Fire Safety Room of Origin
of safety exists: Evaluation System (Alternative
(a) In the first option, the margin of § 102–80.140 What is meant by ‘‘room of
Approaches to Life Safety, NEPA 101A) origin’’?
safety provided by various alternatives should be used to support the life safety
is compared to that obtained for a code equivalency evaluation. If fire modeling Room of origin means an area of a
complying building with complete is used as part of an analysis, an building where a fire can be expected to
sprinkler protection. The margin of assessment of the predictive capabilities start. Typically, the size of the area will
safety is the difference between the of the fire models must be included. be determined by the walls, floor, and
available safe egress time and the This assessment should be conducted in ceiling surrounding the space. However,
required safe egress time. Available safe accordance with the American Society this could lead to unacceptably large
egress time is the time available for for Testing and Materials Standard areas in the case of open plan office
evacuation of occupants to an area of Guide for Evaluating the Predictive space or similar arrangements.
safety prior to the onset of untenable Capability of Fire Models (ASTM E Therefore, the maximum allowable fire
conditions in occupied areas or the 1355). area should be limited to 200 m2 (2000
egress pathways. The required safe ft2), including intervening spaces. In the
egress time is the time required by § 102–80.125 Who has the responsibility case of residential units, an entire
occupants to move from their positions for determining the acceptability of each apartment occupied by one tenant could
at the start of the fire to areas of safety. equivalent level of safety analysis? be considered as the room of origin to
Available safe egress times would be The head of the agency responsible the extent it did not exceed the 200 m2
developed based on analysis of a for physical improvements in the (2000 ft2) limitation.
Flashover subject to, the authorities of the § 102–81.25 Do the Interagency Security
Administrator of General Services. Committee Security Design Criteria apply to
§ 102–80.145 What is meant by all new Federally owned and leased
‘‘flashover’’? § 102–81.10 What basic security policy facilities?
Flashover means fire conditions in a governs Federal agencies? No, the Interagency Security
confined area where the upper gas layer Committee Security Design Criteria—
Federal agencies on Federal property
temperature reaches 600 °C (1100 °F) (a) Apply to new construction of
under the charge and control of the
and the heat flux at floor level exceeds general purpose office buildings and
Administrator and having a security
20 kW/m2 (1.8 Btu/ft2/sec). new or lease-construction of
delegation of authority from the
courthouses occupied by Federal
Reasonable Worst Case Fire Scenario Secretary of the Department of
employees in the United States and not
Homeland Security must provide for the
§ 102–80.150 What is meant by under the jurisdiction and/or control of
security and protection of the real estate
‘‘reasonable worst case fire scenario’’? the Department of Defense. The criteria
they occupy, including the protection of
Reasonable worst case fire scenario also apply to lease-construction projects
persons within the property. being submitted to Congress for
means a combination of an ignition
source, fuel items, and a building Subpart B—Security appropriations or authorization. Where
location likely to produce a fire that prudent and appropriate, the criteria
would have a significant adverse impact § 102–81.15 Who is responsible for apply to major modernization projects;
on the building and its occupants. The upgrading and maintaining security and
development of reasonable worst case standards in each existing Federally owned (b) Do not apply to airports, prisons,
scenarios must include consideration of and leased facility? hospitals, clinics, and ports of entry, or
types and forms of fuels present (e.g., to unique facilities such as those
In a June 28, 1995, Presidential Policy
furniture, trash, paper, chemicals), classified by the Department of Justice
Memorandum for Executive
potential fire ignition locations (e.g., Vulnerability Assessment Study as
Departments and Agencies, entitled
bedroom, office, closet, corridor), Level V. Nor will the criteria overrule
‘‘Upgrading Security at Federal
occupant capabilities (e.g., awake, existing Federal laws and statutes, and
Facilities’’ (see the Weekly Compilation
intoxicated, mentally or physically other agency standards that have been
of Presidential Documents, vol. 31, p.
impaired), numbers of occupants, developed for special facilities, such as
1148), the President directed that
detection and suppression system border stations and child care centers.
Executive agencies must, where feasible,
adequacy and reliability, and fire upgrade and maintain security in § 102–81.30 What information must job
department capabilities. A quantitative facilities they own or lease under their applicants at child care centers reveal?
analysis of the probability of occurrence own authority to the minimum Anyone who applies for employment
of each scenario and combination of standards specified in the Department of (including volunteer positions) at a
events will be necessary. Justice’s June 28, 1995, study entitled child care facility, located on Federally
■ 11. Revise part 102–81 to read as ‘‘Vulnerability Assessment of Federal controlled property (including Federally
follows: Facilities.’’ The study may be obtained leased property), must reveal any arrests
by writing to the Superintendent of and convictions on the job application.
PART 102–81—SECURITY Documents, P.O. Box 371954, Employment at a child care facility
Subpart A—General Provisions Pittsburgh, PA 15250–7954. means any position that involves work
Sec. with minor children, such as a teacher,
§ 102–81.20 Are the security standards for daycare worker, or school administrator.
102–81.5 What is the scope of this part? new Federally owned and leased facilities
102–81.10 What basic security policy ■ 12. Revise part 102–82 to read as
the same as the standards for existing
governs Federal agencies? Federally owned and leased facilities? follows:
Subpart B—Security
No, the minimum standards specified PART 102–82—UTILITY SERVICES
102–81.15 Who is responsible for upgrading in the Department of Justice’s June 28,
and maintaining security standards in Subpart A—General Provisions
1995, study entitled ‘‘Vulnerability
each existing Federally owned and Sec.
leased facility?
Assessment of Federal Facilities’’
identifies the minimum-security 102–82.5 What is the scope of this part?
102–81.20 Are the security standards for 102–82.10 What basic utility services policy
new Federally owned and leased standards that agencies must adhere to govern Executive agencies?
facilities the same as the standards for for all existing owned and leased
existing Federally owned and leased Federal facilities. As specified in § 102– Subpart B—Utility Services
facilities? 81.25, new Federally owned and leased 102–82.15 What utility services must
102–81.25 Do the Interagency Security facilities must be designed to meet the Executive agencies provide?
Committee Security Design Criteria standards identified in the document 102ndash;82.20 What are Executive
apply to all new Federally owned and agencies’ rate intervention
entitled ‘‘Interagency Security
leased facilities? responsibilities?
102–81.30 What information must job Committee Security Design Criteria for 102–82.25 What are Executive agencies’
applicants at child care centers reveal? New Federal Office Buildings and Major responsibilities concerning the
Modernization Projects,’’ dated May 28, procurement of utility services?
Authority: 40 U.S.C. 121(c), 581–593, and
2001. The security design criteria for
1315. Authority: 40 U.S.C. 121(c) and 501.
new facilities takes into consideration
Subpart A—General Provisions technology developments, new cost Subpart A—General Provisions
consideration, the experience of
§ 102–81.5 What is the scope of this part? practitioners applying the criteria, and § 102–82.5 What is the scope of this part?
The real property policies contained the need to balance security The real property policies contained
in this part apply to Federal agencies, requirements with public building in this part apply to Federal agencies,
including GSA’s Public Buildings environments that remain lively, open, including GSA’s Public Buildings
Service (PBS), operating under, or and accessible. Service (PBS), operating under, or
subject to, the authorities of the ■ 13. Revise part 102–83 to read as is not a central city in a metropolitan
Administrator of General Services. follows: area?
Preference to Historic Properties
§ 102–82.10 What basic utility services PART 102–83—LOCATION OF SPACE
policy govern Executive agencies? 102–83.125 Are Executive agencies
Executive agencies procuring, Subpart A—General Provisions required to give preference to historic
properties when acquiring leased space?
managing or supplying utility services Sec.
under Title 40 of the United States Code 102–83.5 What is the scope of this part? Application of Socioeconomic
must provide or procure services that 102–83.10 What basic location of space Considerations
promote economy and efficiency with policy governs an Executive agency? 102–83.130 When must agencies consider
due regard to the mission 102–83.15 Is there a general hierarchy of the impact of a location decision on low-
consideration that agencies must follow and moderate-income employees?
responsibilities of the agencies
in their utilization of space? 102–83.135 With whom must agencies
concerned.
consult in determining the availability of
Subpart B—Location of Space
low- and moderate-income housing?
Subpart B—Utility Services Appendix to Part 102–83—Memorandum of
Delineated Area
§ 102–82.15 What utility services must Understanding Between the Department
102–83.20 What is a delineated area?
Executive agencies provide? of Housing and Urban Development and
102–83.25 Who is responsible for
the General Services Administration
Executive agencies must negotiate identifying the delineated area within
Concerning Low- and Moderate-Income
with public utilities to procure utility which a Federal agency wishes to locate Housing
services and, where appropriate, specific activities?
102–83.30 In addition to its mission and Authority: 40 U.S.C. 121(c); E.O. 12072;
provide rate intervention services in and E.O. 13006.
program requirements, are there any
proceedings (see §§ 102–72.100 and
other issues that Federal agencies must
102–72.105 of this chapter) before consider in identifying the delineated Subpart A—General Provisions
Federal and State utility regulatory area?
bodies. § 102–83.5 What is the scope of this part?
102–83.35 Are Executive agencies required
to consider whether the central business The real property policies contained
§ 102–82.20 What are Executive agencies’ area will provide for adequate in this part apply to Federal agencies,
rate intervention responsibilities? competition when acquiring leased including GSA’s Public Buildings
Where the consumer interests of the space? Service (PBS), operating under, or
Federal Government will be 102–83.40 Who must approve the final subject to, the authorities of the
significantly affected and upon delineated area? Administrator of General Services.
receiving a delegation of authority from 102–83.45 Where may Executive agencies
GSA, Executive agencies must provide find guidance on appealing GSA’s § 102–83.10 What basic location of space
representation in proceedings involving decisions and recommendations policy governs an Executive agency?
concerning delineated areas? Each Executive agency is responsible
utility services before Federal and State
regulatory bodies. Specifically, these Rural Areas for identifying its geographic service
responsibilities include instituting 102–83.50 What is the Rural Development
area and the delineated area within
formal or informal action before Federal Act of 1972? which it wishes to locate specific
and State regulatory bodies to contest 102–83.55 What is a rural area? activities, consistent with its mission
the level, structure, or applicability of 102–83.60 What is an urbanized area? and program requirements, and in
rates or service terms of utility 102–83.65 Are Executive agencies required accordance with all applicable statutes,
suppliers. The Secretary of Defense is to give first priority to the location of regulations and policies.
new offices and other facilities in rural
independently authorized to take such areas? § 102–83.15 Is there a general hierarchy of
actions without a delegation from GSA, consideration that agencies must follow in
when the Secretary determines such Urban Areas their utilization of space?
actions to be in the best interests of 102–83.70 What is Executive Order 12072? Yes, Federal agencies must follow the
national security. 102–83.75 What is Executive Order 13006? hierarchy of consideration identified in
102–83.80 What is an urban area? § 102–79.55 of this chapter.
§ 102–82.25 What are Executive agencies’ 102–83.85 What is a central business area?
responsibilities concerning the 102–83.90 Do Executive Orders 12072 and Subpart B—Location of Space
procurement of utility services? 13006 apply to rural areas?
Executive agencies, operating under a 102–83.95 After an agency has identified Delineated Area
utility services delegation from GSA, or that its geographic service area and
delineated area are in an urban area, § 102–83.20 What is a delineated area?
the Secretary of Defense, when the
Secretary determines it to be in the best what is the next step for an agency? Delineated area means the specific
102–83.100 Why must agencies consider boundaries within which space will be
interests of national security, must available space in properties under the
provide for the procurement of utility obtained to satisfy an agency space
custody and control of the U.S. Postal requirement.
services (such as commodities and Service?
utility rebate programs), as required, 102–83.105 What happens if there is no § 102–83.25 Who is responsible for
and must procure from sources of available space in non-historic buildings identifying the delineated area within which
supply that are the most advantageous under the custody and control of the U.S. a Federal agency wishes to locate specific
to the Federal Government in terms of Postal Service? activities?
economy, efficiency, reliability, or 102–83.110 When an agency’s mission and Each Federal agency is responsible for
quality of service. Executive agencies, program requirements call for the identifying the delineated area within
location in an urban area, are Executive
upon receiving a delegation of authority agencies required to give first
which it wishes to locate specific
from GSA, may enter into contracts for consideration to central business areas? activities, consistent with its mission
utility services for periods not 102–83.115 What is a central city? and program requirements, and in
exceeding ten years (40 U.S.C. 102–83.120 What happens if an agency has accordance with all applicable laws,
501(b)(1)(B)). a need to be in a specific urban area that regulations, and Executive Orders.
§ 102–83.30 In addition to its mission and (a) A city or town that has a § 102–83.80 What is an urban area?
program requirements, are there any other population of greater than 50,000 Urban area means any metropolitan
issues that Federal agencies must consider inhabitants; and area (MA) as defined by the Office of
in identifying the delineated area? (b) The urbanized area contiguous and Management and Budget (OMB) in OMB
Yes, Federal agencies must also adjacent to such a city or town. Bulletin No. 99–04, or succeeding OMB
consider real estate, labor, and other Bulletin, that does not meet the
§ 102–83.60 What is an urbanized area?
operational costs and applicable local definition of rural area in § 102–83.55.
incentives, when identifying the An urbanized area is a statistical
delineated area. geographic area defined by the Census § 102–83.85 What is a central business
Bureau, consisting of a central place(s) area?
§ 102–83.35 Are Executive agencies and adjacent densely settled territory Central business area (CBA) means
required to consider whether the central that together contain at least 50,000 the centralized community business
business area will provide for adequate people, generally with an overall area and adjacent areas of similar
competition when acquiring leased space?
population density of at least 1,000 character, including other specific areas
In accordance with the Competition people per square mile. that may be recommended by local
in Contracting Act of 1984, as amended officials in accordance with Executive
§ 102–83.65 Are Executive agencies
(41 U.S.C. 253(a)), Executive agencies required to give first priority to the location
Order 12072. The CBAs are designated
must consider whether restricting the of new offices and other facilities in rural by local government and not by Federal
delineated area for obtaining leased areas? agencies.
space to the central business area (CBA) Yes, Executive agencies must give § 102–83.90 Do Executive Orders 12072
will provide for adequate competition first priority to the location of new and 13006 apply to rural areas?
when acquiring leased space. Where an offices and other facilities in rural areas
Executive agency determines that the No, Executive Orders 12072 and
in accordance with the Rural 13006 only apply to agencies looking for
delineated area must be expanded Development Act (7 U.S.C. 2204b–1),
beyond the CBA to provide adequate space in urban areas.
unless their mission or program
competition, the agency may expand the requirements call for locations in an § 102–83.95 After an agency has identified
delineated area in consultation with urban area. First priority to the location that its geographic service area and
local officials. Executive agencies must of new offices and other facilities in delineated area are in an urban area, what
continue to include the CBA in such rural areas must be given in accordance is the next step for an agency?
expanded areas. with the hierarchy specified in § 102– After an agency identifies its
§ 102–83.40 Who must approve the final 79.55 of this chapter. geographic service area and delineated
delineated area? area within which it wishes to locate
Urban Areas specific activities are in an urban area
Federal agencies conducting the (i.e., determined that the agency’s
§ 102–83.70 What is Executive Order
procurement must approve the final 12072? mission requirements dictate a need to
delineated area for site acquisitions and locate its facility in an urban area),
lease actions and must confirm that the Executive Order 12072, entitled
‘‘Federal Space Management,’’ requires Federal agencies must seek space in
final delineated area complies with the historic properties already under agency
requirements of all applicable laws, all Executive agencies that have a
mission requirement to locate in an control, in accordance with section 110
regulations, and Executive Orders. of the National Historic Preservation
urban area to give first consideration to
§ 102–83.45 Where may Executive locating Federal facilities in central Act. The National Historic Preservation
agencies find guidance on appealing GSA’s business areas, and/or adjacent areas of Act provides that prior to purchasing,
decisions and recommendations similar character, to use them to make constructing or leasing new space,
concerning delineated areas? downtowns attractive places to work, Federal agencies must—
conserve existing resources, and (a) Consider agency-controlled
GSA’s PBS provides guidance in its
encourage redevelopment. It also directs historic properties within historic
Customer Guide to Real Property on the
Executive agencies to consider districts inside CBAs when locating
process for appealing GSA’s decisions
opportunities for locating cultural, Federal operations, in accordance with
and recommendations concerning
educational, recreational, or commercial Executive Order 13006 (which, by
delineated areas.
activities within the proposed facility. reference, also incorporates the
Rural Areas requirements in Executive Order 12072
§ 102–83.75 What is Executive Order and the Rural Development Act of
§ 102–83.50 What is the Rural 13006? 1972);
Development Act of 1972?
Executive Order 13006, entitled (b) Then consider agency-controlled
The Rural Development Act of 1972, ‘‘Locating Federal Facilities on Historic developed or undeveloped sites within
as amended (7 U.S.C. 2204b–1), directs Properties in Our Nation’s Central historic districts, if no suitable agency-
Federal agencies to develop policies and Cities,’’ requires all Executive agencies controlled historic property specified in
procedures to give first priority to the that have a mission requirement to paragraph (a) of this section is available;
location of new offices and other locate in an urban area to give first (c) Then consider agency-controlled
Federal facilities in rural areas. The consideration to locating Federal historic properties outside of historic
intent of the Rural Development Act is facilities in historic buildings and districts, if no suitable agency-
to revitalize and develop rural areas and districts within central business areas. It controlled site exists within a historic
to help foster a balance between rural also directs Executive agencies to district as specified in paragraph (b) of
and urban America. remove regulatory barriers, review their this section;
policies, and build new partnerships (d) Then consider non-historic
§ 102–83.55 What is a rural area?
with the goal of enhancing participation agency-controlled properties, if no
As defined in 7 U.S.C. 1991(a)(13)(A), in the National Historic Preservation suitable agency-controlled historic
rural area means any area other than— program. properties outside of historic districts
exist as specified in paragraph (c) of this § 102–83.120 What happens if an agency APPENDIX TO PART 102–83—
section; has a need to be in a specific urban area MEMORANDUM OF UNDERSTANDING
that is not a central city in a metropolitan BETWEEN THE DEPARTMENT OF
(e) Then consider historic properties area? HOUSING AND URBAN DEVELOPMENT
under the custody and control of the AND THE GENERAL SERVICES
U.S. Postal Service, if there is no If an agency has a need to be in a ADMINISTRATION CONCERNING LOW-
available space in non-historic agency- specific urban area that is not a central AND MODERATE-INCOME HOUSING
controlled properties specified in city in a metropolitan area, then the Purpose. The purpose of the memorandum
paragraph (d) of this section. agency must give first consideration to of understanding is to provide an effective,
locating in a historic building in a systematic arrangement under which the
(f) Then consider non-historic Federal Government, acting through HUD
properties under the custody and historic district in the CBA of the
and GSA, will fulfill its responsibilities
control of the U.S. Postal Service, if appropriate metropolitan area. If no
under law, and as a major employer, in
there is no available space in historic such space is available, agencies must accordance with the concepts of good
properties under the custody and give consideration to locating in a non- management, to assure for its employees the
control of the U.S. Postal Service historic building in a historic district in availability of low- and moderate-income
specified in paragraph (e) of this the CBA of the appropriate metropolitan housing without discrimination because of
area. If no such space is available, race, color, religion, or national origin, and
section. to consider the need for development and
agencies must give consideration to
redevelopment of areas and the development
§ 102–83.100 Why must agencies consider locating in a historic building outside of of new communities and the impact on
available space in properties under the a historic district in the CBA of the improving social and economic conditions in
custody and control of the U.S. Postal
appropriate metropolitan area. If no the area, whenever Federal Government
Service? facilities locate or relocate at new sites, and
such space is available, agencies should
See § 102–73.20 of this chapter. give consideration to locating in a non- to use its resources and authority to aid in
the achievement of these objectives.
historic building outside of a historic 1. Title VIII of the Civil Rights Act of 1968
§ 102–83.105 What happens if there is no
district in the CBA of the appropriate (42 U.S.C. 3601) states, in section 801, that
available space in non-historic buildings
under the custody and control of the U.S. metropolitan area. ‘‘It is the policy of the United States to
Postal Service? provide, within constitutional limitations, for
Preference to Historic Properties fair housing throughout the United States.’’
If no suitable space in non-historic Section 808(a) places the authority and
§ 102–83.125 Are Executive agencies
buildings under the custody and control responsibility for administering the Act in
required to give preference to historic the Secretary of Housing and Urban
of the U.S. Postal Service is available, properties when acquiring leased space?
agencies may then acquire real estate by Development. Section 808(d) requires all
Yes, Federal agencies must give a Executive departments and agencies to
purchase, lease, or construction, in administer their programs and activities
accordance with FMR part 102–73. price preference when acquiring space relating to housing and urban development
using either the lowest price technically in a manner affirmatively to further the
§ 102–83.110 When an agency’s mission acceptable or the best value tradeoff purposes of title VIII (fair housing) and to
and program requirements call for the source selection process. See part 102– cooperate with the Secretary to further such
location in an urban area, are Executive purposes. Section 808(e)(5) provides that the
agencies required to give first
73 of this chapter for additional
guidance. Secretary of HUD shall administer the
consideration to central business areas? programs and activities relating to housing
Yes, if an agency has a specific Application of Socioeconomic and urban development in a manner
Considerations affirmatively to further the policies of title
location need to be in an urban area, VIII.
then Executive Orders 12072 and 13006 2. Section 2 of the Housing Act of 1949 (42
§ 102–83.130 When must agencies
require that agencies should give first consider the impact of location decisions U.S.C. 1441) declares the national policy of
consideration to locating in a historic on low- and moderate-income employees? ‘‘* * * the realization as soon as feasible of
building in a historic district in the CBA the goal of a decent home and a suitable
of a central city of the appropriate Federal agencies proposing locations living environment for every American
metropolitan area. If no such space is for Federal construction or major lease family * * *.’’ This goal was reaffirmed in
actions involving the relocation of a the Housing and Urban Development Act of
available, agencies must give
1968 (sections 2 and 1601; 12 U.S.C. 1701t
consideration to locating in a non- major work force must consider the and 42 U.S.C. 1441a).
historic building in a historic district in impact on employees with low and 3. By virtue of the Public Buildings Act of
the CBA of a central city of the moderate incomes. 1959, as amended; the Federal Property and
appropriate metropolitan area. If no Administrative Services Act of 1949, as
such space is available, agencies must § 102–83.135 With whom must agencies amended; and Reorganization Plan No. 18 of
consult in determining the availability of 1950, the Administrator of General Services
give consideration to locating in a
low- and moderate-income housing? is given certain authority and responsibility
historic building outside of a historic
in connection with planning, developing,
district in the CBA of a central city of Federal agencies must consult with
and constructing Government-owned public
the appropriate metropolitan area. If no the U.S. Department of Housing and buildings for housing Federal agencies, and
such space is available, agencies should Urban Development (HUD) in for acquiring leased space for Federal agency
give consideration to locating in a non- accordance with the Memorandum of use.
historic building outside of a historic Understanding (MOU) between HUD 4. Executive Order 11512, February 27,
district in the CBA of a central city of and GSA. The text of the HUD-GSA 1970, sets forth the policies by which the
the appropriate metropolitan area. MOU is located in the Appendix to this Administrator of General Services and the
heads of Executive agencies will be guided in
part. the acquisition of both federally owned and
§ 102–83.115 What is a central city?
leased office buildings and space.
Central cities are those central cities 5. While Executive Order No. 11512
defined by OMB in OMB Bulletin No. provides that material consideration will be
99–04, or succeeding OMB Bulletin. given to the efficient performance of the
missions and programs of the Executive 9. HUD and GSA agree that: moderate-income housing on a
agencies and the nature and functions of the (a) GSA will pursue the achievement of nondiscriminatory basis to the delineated
facilities involved, there are six other low- and moderate-income housing area. Such advice will constitute the
guidelines set forth, including: objectives and fair housing objectives, in principal basis for GSA’s consideration of the
• The need for development and accordance with its responsibilities availability of such housing in accordance
redevelopment of areas and the development recognized in paragraph 6 above, in all with paragraphs 6 and 9(a). Copies of lease-
of new communities, and the impact a determinations, tentative and final, with construction prospectuses approved by the
selection will have on improving social and respect to the location of both federally Committees on Public Works of the Congress
economic conditions in the area; and constructed buildings and leased buildings in conformity with the provisions of the
• The availability of adequate low- and and space, and will make all reasonable Independent Offices and Department of
moderate-income housing, adequate access efforts to make this policy known to all Housing and Urban Development
from other areas of the urban center, and persons, organizations, agencies and others appropriation acts, will be provided to HUD.
adequacy of parking. concerned with federally owned and leased (e) GSA and HUD will each issue internal
6. General Services Administration (GSA) buildings and space in a manner which will operating procedures to implement this
recognizes its responsibility, in all its aid in achieving such objectives. memorandum of understanding within a
determinations with respect to the (b) In view of the importance to the reasonable time after its execution. These
construction of Federal buildings and the achievement of the objectives of this procedures shall recognize the right of HUD,
acquisition of leased space, to consider to the memorandum of agreement of the initial in the event of a disagreement between HUD
maximum possible extent the availability of selection of a city or delineation of a general and GSA representatives at the area or
low- and moderate-income housing without area for location of public buildings or leased regional level, to bring such disagreement to
discrimination because of race, color, space, GSA will provide the earliest possible the attention of GSA officials at headquarters
religion, or national origin, in accordance notice to HUD of information with respect to in sufficient time to assure full consideration
with its duty affirmatively to further the such decisions so that HUD can carry out its of HUD’s views, prior to the making of a
purposes of title VIII of the Civil Rights Act responsibilities under this memorandum of determination by GSA.
of 1968 and with the authorities referred to agreement as effectively as possible. (f) In the event a decision is made by GSA
in paragraph 2 above, and the guidelines (c) Government-owned Public Buildings as to the location of a federally constructed
referred to in paragraph 5 above, and Projects. (1) In the planning for each new building or leased space, and HUD has made
consistent with the authorities cited in public buildings project under the Public findings, expressed in the advice given or a
paragraphs 3 and 4 above. In connection with Buildings Act of 1959, during the survey report made to GSA, that the availability to
the foregoing statement, it is recognized that preliminary to the preparation and such location of low- and moderate-income
all the guidelines must be considered in each submission of a project development report, housing on a nondiscriminatory basis is
case, with the ultimate decision to be made inadequate, the GSA shall provide the DHUD
representatives of the regional office of GSA
by the Administrator of General Services with a written explanation why the location
in which the project is proposed will consult
upon his determination that such decision was selected.
with, and receive advice from, the regional
will improve the management and (g) Whenever the advice or report provided
office of HUD, and local planning and
administration of governmental activities and by HUD in accordance with paragraph
housing authorities concerning the present
services, and will foster the programs and 9(c)(1), 9(c)(2), or 9(d) with respect to an area
policies of the Federal Government. and planned availability of low- and
moderate-income housing on a or site indicates that the supply of low-and
7. In addition to its fair housing moderate-income housing on a
responsibilities, the responsibilities of HUD nondiscriminatory basis in the area where
the project is to be located. Such advice will nondiscriminatory basis is inadequate to
include assisting in the development of the meet the needs of the personnel of the agency
Nation’s housing supply through programs of constitute the principal basis for GSA’s
consideration of the availability of such involved, GSA and HUD will develop an
mortgage insurance, home ownership and affirmative action plan designed to insure
rental housing assistance, rent supplements, housing in accordance with paragraphs 6 and
9(a). A copy of the prospectus for each that an adequate supply of such housing will
below market interest rates, and low-rent be available before the building or space is
public housing. Additional HUD program project which is authorized by the
Committees on Public Works of the Congress to be occupied or within a period of 6
responsibilities which relate or impinge upon months thereafter. The plan should provide
housing and community development in accordance with the requirements of
section 7(a) of the Public Buildings Act of for commitments from the community
include comprehensive planning assistance, involved to initiate and carry out all feasible
metropolitan area planning coordination, 1959, will be provided to HUD.
(2) When a site investigation for an efforts to obtain a sufficient quantity of low-
new communities, relocation, urban renewal, and moderate-income housing available to
model cities, rehabilitation loans and grants, authorized public buildings project is
conducted by regional representatives of GSA the agency’s personnel on a
neighborhood facilities grants, water and nondiscriminatory basis with adequate
sewer grants, open space, public facilities to identify a site on which the public
building will be constructed, a representative access to the location of the building or
loans, Operation BREAKTHROUGH, code space. It should include commitments by the
enforcement, workable programs, and others. from the regional office of HUD will
participate in the site investigation for the local officials having the authority to remove
8. In view of its responsibilities described obstacles to the provision of such housing,
in paragraphs 1 and 7 above, HUD possesses purposes of providing a report on the
availability of low- and moderate-income when such obstacles exist, and to take
the necessary expertise to investigate, effective steps to assure its provision. The
determine, and report to GSA on the housing on a nondiscriminatory basis in the
area of the investigation. Such report will plan should also set forth the steps proposed
availability of low- and moderate-income by the agency to develop and implement a
housing on a nondiscriminatory basis and to constitute the principal basis for GSA’s
counseling and referral service to seek out
make findings as to such availability with consideration of the availability of such
and assist its personnel to obtain such
respect to proposed locations for a federally- housing in accordance with paragraphs 6 and
housing. As part of any plan during, as well
constructed building or leased space which 9(a).
as after its development, HUD agrees to give
would be consistent with such reports. HUD (d) Major lease actions having a significant
priority consideration to applications for
also possesses the necessary expertise to socioeconomic impact on a community: At
assistance under its housing programs for the
advise GSA and other Federal agencies with the time GSA and the agencies who will
housing proposed to be provided in
respect to actions which would increase the occupy the space have tentatively delineated
accordance with the plan.
availability of low- and moderate-income the general area in which the leased space
10. This memorandum will be reviewed at
housing on a nondiscriminatory basis, once must be located in order that the agencies
the end of one year, and modified to
a site has been selected for a federally- may effectively perform their missions and
incorporate any provision necessary to
constructed building or a lease executed for programs, the regional representative of HUD
improve its effectiveness in light of actual
space, as well as to assist in increasing the will be consulted by the regional
experience.
availability of such housing through its own representative of GSA who is responsible for
programs such as those described in the leasing action to obtain advice from HUD [FR Doc. 05–21644 Filed 11–7–05; 8:45 am]
paragraph 7 above. concerning the availability of low- and BILLING CODE 6820–RH–S

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Tuesday,

GENERAL SERVICES A. Background Dated: August 24, 2005.

Disposing of Easements Assistance in Disposition this subpart, is DoD required to report

subject to, the authorities of the Fitness Centers (c) Electricity;

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