42444 Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules

do not have a direct effect on a given

individual, and the record may contain

personal information about third

parties.

The provisions of the Privacy Act of

1974 from which exemption for only

those records required to be maintained

by statute is claimed under 5 U.S.C.

552a(k)(4) are as follows: 5 U.S.C.

552a(c)(3);(d)(1),(2),(3) and (4);

(e)(1),(e)(4)(G),(H), and (I); and (f).

As required by Executive Order

12866, it has been determined that this

proposed rule is not a significant

regulatory action and, therefore, does

not require a regulatory impact analysis.

Pursuant to the requirements of the

Regulatory Flexibility Act, 5 U.S.C. 601–

612, it is hereby certified that these

regulations will not have a significant

economic impact on a substantial

number of small entities. The proposed

rule imposes no duties or obligations on

small entities.

In accordance with the provisions of

the Paperwork Reduction Act of 1980,

the Department of the Treasury has

determined that this proposed rule

would not impose on the public new

record keeping, application, reporting or

other types of information collection

requirements.

List of Subjects in 31 CFR Part 1

Privacy.

Part 1 of title 31 of the Code of

Federal Regulations is amended as

follows:

1. The authority citation for Part 1

continues to read as follows:

Authority: 5 U.S.C. 301 and 31 U.S.C. 321.

Subpart A also issued under 5 U.S.C. 552 as

amended. Subpart C also issued under 5

U.S.C. 552a.

§ 1.36 [Amended]

2. Section 1.36 of subpart C is

amended by revising paragraph (d)

under the heading THE INTERNAL

REVENUE SERVICE to read as follows:

* * * *

*

(d) Exemption under 5 U.S.C.

552a(k)(4). (1) This paragraph applies to

the following systems of records

maintained by the Internal Revenue

Service, for which exemption is claimed

under 5 U.S.C. 552a (k)(4):

Name of System No.

Customer Feedback System .......... 00.003

Statistics of Income-Individual Tax

Returns ........................................ 70.001

(2) Under 5 U.S.C. 552a (k)(4), the

head of any agency may promulgate

rules to exempt any system of records

within the agency from certain

provisions of the Privacy Act of 1974, if

the system is required by statute to be

maintained and used solely as statistical

records.

(3) The Statistics of Income—

Individual Tax Returns is maintained

under § 6108 of the Internal Revenue

Code, which provides that ‘‘the

Secretary or his delegate shall prepare

and publish annually statistics

reasonably available with respect to the

operation of the income tax laws,

including classification of taxpayers and

of income, the amounts allowed as

deductions, exemptions, and credits,

and any other facts deemed pertinent

and valuable.’’

(4) The Customer Feedback System is

maintained under § 6108 of the Internal

Revenue Code, and § 1211 of Pub. L.

104–168, the Taxpayers Bill of Rights 2

(TBOR 2), which provides that the

Secretary of the Treasury shall submit a

report to Congress on the misconduct of

IRS employees. The Department is

prohibited from using these records for

any purpose involving the making of a

determination about the individual to

whom they pertain.

(5) The reason for exempting the

above-named systems of records is that

disclosure of statistical records

(including release of accounting for

disclosures) would in most cases be of

no benefit to a particular individual

since the records do not have a direct

effect on a given individual.

(6) The provisions of the Privacy Act

of 1974 from which exemption is

claimed under 5 U.S.C. 552a (k)(4) are

as follows:

5 U.S.C. 552a (c)(3)

5 U.S.C. 552a (d)(1), (2), (3), and (4)

5 U.S.C. 552a (e)(1)

5 U.S.C. 552a (e)(4)(G), (H), and (I)

5 U.S.C. 552a (f)

* * * *

*

Dated: July 10, 1997.

Alex Rodriguez,

Deputy Assistant Secretary (Administration).

[FR Doc. 97–20817 Filed 8–6–97; 8:45 am]

BILLING CODE: 4810–30–F

GENERAL SERVICES

ADMINISTRATION

41 CFR Part 101–16

RIN 3090–AF95

Governmentwide Real Property Policy

AGENCY: Office of Governmentwide

Policy, General Services

Administration.

ACTION: Proposed rule.

SUMMARY: The proposed rule describes

the current real property policies

applicable to GSA and Federal agencies

to whom GSA real property operations

have been delegated. The policies

contained in this proposed rule have

been separated from their procedural

components and reflect the way that

real property operations are currently

conducted. This regulation, once

finalized, will be located in the Federal

Property Management Regulations

(FPMR), Part 101–16, entitled

‘‘Governmentwide Real Property

Policy.’’

DATES: Comments must be received on

or before October 6, 1997.

ADDRESSES: Written comments should

be sent to the General Services

Administration, Office of

Governmentwide Policy, Office of Real

Property, Real Property Policy Division

(MPR), Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT:

Stanley C. Langfeld, Director, Real

Property Policy Division, at (202) 501–

1737.

SUPPLEMENTARY INFORMATION: The

General Services Administration (GSA)

has determined that this rule is not a

significant regulatory action for the

purposes of Executive Order 12866.

This rule is not required to be

published in the Federal Register for

notice and comment. Therefore, the

Regulatory Flexibility Act does not

apply.

The Paperwork Reduction Act does

not apply to this action because the

proposed changes to the Federal

Property Management Regulations do

not impose reporting, recordkeeping or

information collection requirements

which require the approval of the Office

of Management and Budget pursuant to

44 U.S.C. §§ 3501 et seq.

List of Subjects in 41 CFR Part 101–16

Federal buildings and facilities,

Government real property management.

Therefore, it is proposed that 41 CFR

Part 101–16 be added to read as follows:

PART 101–16—GOVERNMENTWIDE

REAL PROPERTY POLICY

Sec.

Subpart 101–16.1—General

101–16.100 Philosophy and scope of part.

101–16.101 Definitions.

101–16.102 Applicability.

101–16.103 Basic authority.

101–16.104 Legislative and executive

impacts.

101–16.105 Policy implementation.
Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules 42445

Subpart 101–16.2—Delegation of

Authority

101–16.200 Basic policy.

101–16.201 Types of delegations.

Subpart 101–16.3—Real Estate

101–16.300 Basic policy.

101–16.301 Program-specific authority.

101–16.302 Real estate and related services.

Subpart 101–16.4—Facility

Management

101–16.400 Basic policy.

101–16.401 Program-specific authority.

101–16.402 Occupancy services.

101–16.403 Asset services.

Subpart 101–16.5—Real Property

Disposal

101–16.500 Basic policy.

101–16.501 Program-specific authority.

101–16.502 Real property disposal services.

Subpart 101–16.6—Design and

Construction

101–16.600 Basic policy.

101–16.601 Program-specific authority.

101–16.602 Design and construction

services.

Subpart 101–16.7—Art-in-Architecture

101–16.700 Basic policy.

101–16.701 Art-in-architecture services.

Subpart 101–16.8—Historic Preservation

101–16.800 Basic policy.

101–16.801 Program-specific authority.

101–16.802 Historic preservation services.

Subpart 101–16.9—Assignment and

Utilization of Space

101–16.900 Basic policy.

101–16.901 Program-specific authority.

101–16.902 Assignment and utilization

services.

101–16.903 Location of space.

Subpart 101–16.10—Safety and

Environmental Management

101–16.1000 Basic policy.

101–16.1001 Program-specific authority.

101–16.1002 Occupancy services.

101–16.1003 Federal construction and lease

construction projects.

Subpart 101–16.11—Security

101–16.1100 Basic policy.

101–16.1101 Program-specific authority.

101–16.1102 Law enforcement.

101–16.1103 Security services.

Subpart 101–16.12—Public Utilities

101–16.1200 Basic policy.

101–16.1201 Program-specific authority.

101–16.1202 Public utilities services.

Subpart 101–16.13—Reserved

Authority: Sec. 205(c), 63 Stat. 390, 40

U.S.C.§ 486(c)

Subpart 101–16.1 General

§ 101–16.100 Philosophy and scope of

part.

(a) This part contains the applicable

Governmentwide real property policies

for Federal agencies operating pursuant

to the authority of the Administrator of

General Services, including the GSA/

PBS business lines.

[The deviation language in the following

sentence is proposed, subject to the revision

of § 101–1.110]

GSA and Federal agencies operating

under the authority of the Administrator

of General Services must comply with

the policy statements in this part, unless

it is determined to be in the

Government’s best interest not to

comply with them and there is no

conflict with applicable laws and

Executive orders. These policies cover

the delivery, management, utilization

and disposal of real property by Federal

agencies that initiate and have decisionmaking authority over actions for real

property services. These

Governmentwide policies reflect a

restatement of existing policies without

their procedural, how-to components.

They articulate the policy

considerations concerning the manner

in which Federal agencies currently

conduct their real property business. In

the future, GSA’s Office of

Governmentwide Policy will review

these policies and make necessary

adjustments to ensure that they

optimize the performance of the Federal

Government’s real property portfolio.

The policies stated in this part are

derived from applicable laws and

Executive orders. However, in the event

a specific policy is not stated for a given

real property function, or for any aspect

of a function, all real property functions

must be conducted in accordance with

the provisions of applicable laws and

Executive orders.

(b) The real property policies

presented in this part are divided into

subparts covering the following

functional areas: delegation of authority,

real estate, facility management, real

property disposal, design and

construction, art-in-architecture,

historic preservation, assignment and

utilization of space, safety and

environmental management, security,

and public utilities.

(c) The policy statements contained in

this part are intended to apply to the

FPMR Subchapters D, Public Buildings

and Space, and H, Utilization and

Disposal. To the extent that any

statements of policy elsewhere in

Subchapters D and H could be

construed as inconsistent with the

policy prescribed by this part, the policy

statements in this part are controlling.

§ 101–16.101 Definitions.

(a) Business line. An organizational

component of GSA/PBS charged with

the management, execution, and/or

oversight of its assigned real propertyrelated duties and responsibilities.

Within PBS the business lines include

the Offices of Property Acquisition and

Realty Services, Property Development,

Federal Protective Service, Property

Disposal, Property Management, and

Portfolio Management. These business

lines are also real property services

providers.

(b) Federal Government real property

services provider. A GSA/PBS

organizational component, or other

Federal Government entity operating

pursuant to the authority of the

Administrator of General Services,

which provides real property services to

Federal agencies and/or internal GSA

customers. This definition also includes

private sector firms under contract with

Federal agencies that are engaged in the

delivery of real property services to

Federal agencies.

(c) Federal agency. Any executive

agency or any establishment in the

legislative or judicial branch of the

Government (except the Senate, the

House of Representatives, and the

Architect of the Capitol and any

activities under his direction).

§ 101–16.102 Applicability.

Those Federal agencies that initiate

and have decision-making authority

over actions for real property services

from GSA under the authority of the

Administrator of General Services, are

accountable for compliance with the

policies in this part.

§ 101–16.103 Basic authority.

The basic authorities underlying these

Governmentwide real property policies

include, but are not limited to, the

Federal Property and Administrative

Services Act of 1949, as amended, (40

U.S.C. 471 et seq.); the Public Buildings

Act of 1959, as amended, (40 U.S.C.

601–619); Reorganization Plan No. 18 of

1950 (40 U.S.C. 490 note); and other

applicable provisions of law, Executive

Orders, and policies of the Office of

Management and Budget.

§ 101–16.104 Legislative and executive

impacts.

The following non-inclusive listing of

legal provisions and statutory

authorities influence specific aspects of

the Governmentwide real property

policies and programs:

(a) Federal Property Management

Regulations (FPMR, 41 CFR Chapter
42446 Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules

101), specifically Subchapter D—Public

Buildings and Space, Parts 101–17—

Assignment and Utilization of Space;

101–18—Acquisition of Real Property;

101–19—Construction and Alteration of

Public Buildings; 101–20—Management

of Buildings and Grounds, and

Subchapter H—Utilization and

Disposal, Part 101–47—Utilization and

Disposal of Real Property.

(b) Federal Property and

Administrative Services Act of 1949, as

amended (40 U.S.C. 471 et seq.). Among

other things, this Act establishes the

Federal Buildings Fund (FBF) and

provides the Administrator of General

Services with an important source of

real property related authority, such as

the authority to charge anyone

furnished space or services at rates

which approximate commercial charges

for comparable space and services,

authority for supervision and direction

over the disposition of surplus property,

authority for entering into leases not

exceeding 20 years, and assigning and

reassigning space in Government-owned

and leased buildings to executive

agencies.

(c) Public Buildings Act of 1959, as

amended, (40 U.S.C. 601–619). Provides

the Administrator with, among other

things, the exclusive authority to

construct public buildings; the authority

to acquire any building and its site by

purchase, condemnation, donation,

exchange, or otherwise; the authority to

alter any public building and to acquire

such lands as may be necessary to carry

out such alteration; the authority to

acquire such lands or interests in lands

for use as sites, or additions to sites, for

public buildings authorized to be

constructed or altered under this Act by

purchase, condemnation, donation,

exchange, or otherwise. In addition, this

Act establishes a prospectus threshold,

applicable to GSA and Federal agencies

operating under the authority of the

Administrator of General Services, for

the construction, alteration, purchase,

and acquisition of any building to be

used as a public building; and

establishes a prospectus threshold to

lease any space for use for public

purposes. Such projects require an

approved resolution by the Senate and

the House of Representatives if the

dollar value exceeds the prospectus

threshold. In order to obtain this

approved resolution, prospectuses for

such projects must be submitted to GSA;

and the Administrator of General

Services will transmit the proposed

prospectuses to Congress for

consideration by the Senate and the

House of Representatives.

(d) The Architectural Barriers Act of

1968 (42 U.S.C. 4151–4157). Requires

facilities be provided to ensure ready

access for handicapped persons to

public buildings and certain interior

spaces.

(e) The National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et

seq.). Requires consideration of

environmental factors in the decisionmaking process for major Federal

actions.

(f) Executive Order 12072—Federal

Space Management. Requires Federal

agencies to give first consideration to

the Centralized Community Business

Area (CBA) when locating Federal

facilities in urban areas.

(g) The Randolph-Sheppard Act, as

amended, (20 U.S.C. 107–107f).

Requires that blind persons licensed

under the provisions of the Act be

authorized to operate vending facilities

on any Federal property, including

leased buildings. Federal agencies are

obligated to acquire space in buildings

with suitable areas for vending facilities.

(h) Occupational Safety and Health

Act of 1970 (29 U.S.C. 653). Requires

Federal agencies to provide safe and

healthful places and conditions of

employment.

(i) Uniform Relocation Assistance and

Real Property Acquisition Policies Act of

1970 (42 U.S.C. 4651–4655). Requires

Federal agencies to treat all property

owners and other affected persons in a

fair and equitable manner, and to

provide relocation services and benefits

to persons displaced by Federal

agencies’ acquisition of their real

property.

(j) Executive Order 11738—Providing

for Administration of the Clean Air Act

and the Federal Water Pollution Control

Act with respect to Federal Contracts,

Grants, or Loans. Requires Federal

agencies having authority to enter into

contracts to conduct its acquisitions in

a manner that will result in effective

enforcement of the Clean Air Act and

the Federal Water Pollution Control Act.

(k) Small Business Act, as amended

(15 U.S.C. 631 et seq.). Requires a

positive effort by Federal contractors to

place subcontracts with small and small

disadvantaged business concerns.

(l) Executive Order 11988—

Floodplain Management. Requires that

each agency shall provide leadership

and shall take action to reduce the risk

of flood loss, to minimize the impact of

floods on human safety, health and

welfare, and to restore and preserve the

natural and beneficial values served by

floodplains in carrying out its

responsibilities for acquiring, managing,

and disposing of Federal lands and

facilities; providing federally

undertaken, financed, or assisted

construction and improvements; and

conducting Federal activities and

programs affecting land use. Each

agency has the responsibility to evaluate

the potential effects of any actions it

may take in a floodplain; to ensure that

its planning programs and budget

requests reflect consideration of flood

hazards and floodplain management;

and to prescribe procedures to

implement the polices and requirements

of this Executive Order.

(m) Executive Order 11990—

Protection of Wetlands. Requires that

each agency shall provide leadership

and shall take action to minimize the

destruction, loss or degradation of

wetlands, and to preserve and enhance

the natural and beneficial values of

wetlands in carrying out its

responsibilities for acquiring, managing,

and disposing of Federal lands and

facilities; providing federally

undertaken, financed, or assisted

construction and improvements; and

conducting Federal activities and

programs affecting land use. As

implemented by GSA, the construction,

purchase or lease of space in buildings

located within a base floodplain or

wetlands area is generally precluded.

(n) Executive Order 12003—Relating

to Energy Policy and Conservation.

Requires buildings constructed for

Government lease to meet certain energy

consumption design specifications.

(o) Executive Order 12512—Federal

Real Property Management. Authorizes

the Administrator to provide

Governmentwide policy oversight and

guidance for Federal real property

management. This Executive Order

requires, among other things, all

executive departments and agencies to

establish internal policies and systems

of accountability that ensure effective

use of real property in support of

mission-related activities, consistent

with Federal policies regarding the

acquisition, management, and disposal

of such assets. All such agencies shall

also develop annual real property

management improvement plans that

include clear and concise goals and

objectives related to all aspects of real

property management, and identify

sales, work space management,

productivity, and excess property

targets.

(p) Stewart B. McKinney Homeless

Assistance Act (42 U.S.C. 11411–11412).

Requires Federal agencies to make

available surplus real property to

homeless organizations.

(q) National Historic Preservation Act

(16 U.S.C. 470 et seq.). Requires Federal

agencies to take into account the effect

of any Federal undertaking on any

property in or eligible for listing in the

National Register of Historic Places; and
Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules 42447

to use historic properties under Federal

control prior to acquiring other real

property for Federal use.

(r) Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended (42

U.S.C. 9601 et seq.). Provides for

liability, compensation, cleanup and

emergency response for hazardous

substances released into the

environment, and the cleanup of

hazardous waste disposal sites.

(s) Superfund Amendments and

Reauthorization Act of 1986, as

amended (42 U.S.C. 9601–9675).

Extends and amends CERCLA,

paragraph (r) of this section.

(t) Protection of Public Property Act

(40 U.S.C. 318–318d). Gives the

Administrator authority to make rules

and regulations governing property

under control of GSA, and to appoint

uniformed and non-uniformed special

police.

(u) Executive Order 12196—

Occupational Safety and Health

Programs for Federal Employees.

Requires Federal agencies to establish

and maintain occupational safety and

health programs for Federal employees.

(v) Rehabilitation Act of 1973, as

amended (Pub. L. 93–112, 387 Stat.

355). Requires Federal agencies to

ensure compliance with standards set

by GSA, DOD and HUD pursuant to the

Architectural Barriers Act of 1968.

(w) Public Buildings Amendments of

1988 (Pub. L. 100–678, 102 Stat. 4049).

Provides, among other things, the

Administrator with authority to

determine the extent to which a

building constructed by GSA complies

with one of the nationally recognized

model building codes. Federal agencies

may not lease any space to

accommodate computer and

telecommunications operations; secure

or sensitive activities related to the

national defense or security; or a

permanent courtroom, judicial chamber,

or administrative office for any United

States court, if the average rental cost of

leasing such space would exceed the

prospectus threshold. Federal agencies

may lease such space only if the

Administrator first determines that

leasing such space is necessary to meet

requirements which cannot be met in

public buildings and submits such

reasons to the Committee on

Environment and Public Works of the

Senate and the Committee on Public

Works and Transportation of the House

of Representatives.

(x) Federal Power Act (16 U.S.C. 791a

et seq.). Regulates power industry and

appoints the Federal Power

Commission.

(y) Clean Air Act of 1963 (42 U.S.C.

7401 et seq.). Requires the utilization in

Federal air control programs of all

available and appropriate facilities and

resources within the Federal

Government for the prevention and

abatement of air pollution.

(1) Natural Gas Policy Act of 1978 (15

U.S.C. 3301 et seq.). Regulates natural

gas supplies, pricing and related issues.

(2) Public Utility Regulatory Policies

Act of 1978, as amended (Pub. L. 95–

617, 92 Stat. 3117). Provides for the

conservation, distribution, and

development of electric, hydro-electric,

natural gas and crude oil energy

resources.

(3) Powerplant and Industrial Fuel

Use Act of 1978, as amended (Pub. L.

95–620, 92 Stat. 3289). To decrease

petroleum importation and increase

capability to use indigenous energy

resources, among other things.

(4) Rural Development Act of 1972

(Pub. L. 92–419, 86 Stat. 657). Provides

for improving the economy and living

conditions in rural America.

(5) Energy Policy Act of 1992 (Pub. L.

102–486, 106 Stat. 2776). Provides for

increased energy efficiency.

(6) Executive Order 12902—Energy

Efficiency and Water Conservation at

Federal Facilities. Requires, among

other things, each executive agency to

develop energy consumption reduction

goals.

(7) Executive Order 12873—Federal

Acquisition, Recycling, and Waste

Prevention. Requires, among other

things, each executive agency to

incorporate waste prevention and

recycling in its daily operations.

(8) Executive Order 12411—

Government Work Space Management

Reforms. Requires, among other things,

the heads of all Federal executive

agencies to establish programs to reduce

the amount of workspace, used or held,

to that amount which is essential for

known agency missions; to produce and

maintain a total inventory of work space

and related furnishings and declare

excess to the Administrator of General

Services all such holdings that are not

necessary to satisfy existing or known

and verified planned programs; and

ensure that the amount of office space

used by each employee of the agency, or

others using agency-controlled space, is

held to the minimum necessary to

accomplish the task that must be

performed.

(9) Americans with Disabilities Act of

1990 (Pub. L. 101–336, 104 Stat. 327).

Provides, among other things,

accessibility requirements on

employment, State and local

government services, buildings and

facilities.

(10) Child care services for Federal

employees in Federal buildings (40

U.S.C. 490b). Provides Federal agencies

with the authority to allot space in

Federal buildings to individuals or

entities who will provide child care

services to Federal employees.

(11) Executive Order 13006—Locating

Federal Facilities on Historic Properties

in our Nation’s Central Cities. When

operationally appropriate and

economically prudent, and subject to

the requirements of Section 601 of Title

VI of the Rural Development Act of

1972, as amended, (42 U.S.C. 3122), and

Executive Order 12072, when locating

Federal facilities, Federal agencies shall

give first consideration to historic

properties within historic districts. If no

such property is suitable, then Federal

agencies shall consider other developed

or undeveloped sites within historic

districts. Federal agencies shall then

consider historic properties outside of

historic districts, if no suitable site

within a district exists.

(12) Act of December 10, 1941 (40

U.S.C. 291). Requires Federal agencies

to admit seeing-eye dogs or other guide

dogs accompanied by their blind

masters to any building or other

property owned or controlled by the

United States.

(13) Act of July 1, 1898 (40 U.S.C.

285). Places all courthouses,

customhouses, appraiser’s stores, barge

offices, and other public buildings

outside of the District of Columbia and

outside of military reservations under

the exclusive jurisdiction and control

and in the custody of the Administrator

of General Services.

(14) The Act of June 23, 1913 (40

U.S.C. 281). Makes available

appropriations for furniture and repairs

of furniture whenever the Administrator

of General Services is authorized to

secure temporary quarters for the use of

Government officials pending the repair

and/or alteration of any public building

under the control of the Administrator

of General Services.

(15) Act of May 14, 1948 (40 U.S.C.

130). Places the operation, maintenance,

and repair of the completed building for

the use of the United States Court of

Appeals for the District of Columbia and

the United States District Court for the

District of Columbia under the control

of the Administrator of General

Services. The allocation of space therein

shall be vested in the chief judge of the

United States Court of Appeals for the

District of Columbia and the chief judge

of the United States District Court for

the District of Columbia.

(16) Federal Urban Land-Use Act (40

U.S.C. 531–535). Promotes more

harmonious intergovernmental relations
42448 Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules

and encourages sound planning, zoning,

and land use practices by prescribing

uniform policies and procedures in

order that urban land transactions

entered into for the General Services

Administration or on behalf of other

Federal agencies be consistent with

zoning and land-use practices and be

made in accordance with planning and

development objectives of the local

governments and local planning

agencies concerned.

(17) Section 901(b) of the Agriculture

Act of 1970, 84 Stat. 1383, as amended

by section 601 of Title VI the Rural

Development Act of 1972, 86 Stat. 674

(42 U.S.C. 3122(b)). Section 601 of Title

VI of the Rural Development Act of 1972

amends Section 901(b) of the

Agricultural Act of 1970. Section 601

directs the heads of all executive

departments and agencies of the

Government to establish and maintain

departmental policies and procedures

giving first priority to the location of

new offices and other facilities in rural

areas as defined in the private business

enterprise exception in Section 306(a)(7)

of the Consolidated Farmers Home

Administration Act of 1961, as amended

(7 U.S.C. 1926).

(18) Public Buildings Cooperative Use

Act of 1976 (40 U.S.C. 601a, 612a).

Requires the Administrator to acquire

and utilize space in suitable buildings of

historic, architectural, or cultural

significance, if feasible; to encourage the

location of commercial, cultural,

educational, and recreational facilities

and activities within public buildings;

to encourage public access and

pedestrian traffic into and through

public buildings; to encourage the

public use of public buildings for

cultural, educational, and recreational

activities.

(19) Executive Order 11507—

Prevention, Control, and Abatement of

Air and Water Pollution at Federal

Facilities. Requires that the Federal

Government, in the design, operation,

and maintenance of its facilities,

provide leadership in the nationwide

effort to protect and enhance the quality

of our air and water resources.

(20) Executive Order 11508—

Providing for the Identification of

Unneeded Federal Real Property.

Establishes a uniform policy for

Executive branch concerning the

identification of excess real property

holdings and establishes uniform

procedures to insure the prompt

identification and release by executive

agencies of real property holdings that

are no longer essential to their activities

and responsibilities.

(21) Fair Housing Act, as amended

(42 U.S.C. 3601 et seq.). Provides for fair

housing practices and prohibits

discrimination in the sale or rental of

housing.

(22) Federal Water Pollution Control

Act (33 U.S.C. 1251 et seq.). Requires,

among other things, that all agencies of

the executive, legislative, and judicial

branches of the Federal Government

having jurisdiction over any property or

facility, or engaged in any activity

resulting in the discharge or runoff of

pollutants, must comply with all

Federal, State, interstate, and local

requirements, administrative authority,

and process and sanctions respecting

the control and abatement of water

pollution.

(23) Office of Management and

Budget Circular A–95 Revised.

Furnishes guidance to Federal agencies

for cooperation with state and local

governments in the evaluation, review,

and coordination of Federal and

federally assisted programs and projects.

(24) Executive Order 11724—Federal

Property Council. Directs the

Administrator of General Services to

conduct surveys of real property

holdings of executive agencies on a

continuing basis to identify properties

which are not utilized, are

underutilized, or are not being put to

their optimum use. The Administrator

of General Services shall also make

reports as to which of these properties

(not utilized, underutilized, not being

put to optimum use) he recommends

should be reported as excess property.

(25) Executive Order 12088—Federal

Compliance with Pollution Control

Standards. Requires the head of each

Executive agency to ensure that all

necessary actions are taken for the

prevention, control, and abatement of

environmental pollution with respect to

Federal facilities and activities. This

will entail responsibility for compliance

with applicable pollution control

standards, coordination with other

agencies, and the submission of an

annual plan for the control of

environmental pollution.

(26) Executive Order 13005—

Empowerment Contracting. Requires the

Secretary of Commerce to develop

policies and procedures to ensure that

agencies grant qualified large businesses

and qualified small businesses

appropriate incentives to encourage

businesses in areas of general economic

distress, in order to strengthen the

economy and to improve the efficiency

of the Federal procurement system by

encouraging business development that

expands the industrial base and

increases competition.

(27) Act of April 28, 1902 (40 U.S.C.

19). Requires the Administrator of

General Services to have charge of the

public buildings and grounds in the

District of Columbia, and to evict any

person that is in unlawful occupation of

any portion of these lands.

(28) Executive Order 12699—Seismic

Safety of Federal and Federally Assisted

or Regulated New Building

Construction. Requires Federal agencies

responsible for the design and

construction of each new Federal

building and/or for the construction and

lease of a new building for Federal use

to ensure that the building is designed

and constructed in accord with

appropriate seismic design and

construction standards.

(29) Executive Order 11593—

Protection and Enhancement of the

Cultural Environment. Requires Federal

Agencies to direct their policies, plans

and programs in such a way that

federally owned sites, structures, and

objects of historical, archaeological or

archaeological significance are

preserved, restored and maintained.

§ 101–16.105 Policy implementation.

Each Federal Government real

property services provider shall develop

its operating procedures in conformance

with the policies presented in this part

for each functional area of specialization

outlined in § 101–16.100(b). Also,

Federal agencies shall ensure that the

provisions of any contract with private

sector real property services providers

conform to the real property policy

requirements of this part.

Subpart 101–16.2—Delegation of

Authority

§ 101–16.200 Basic policy.

The Administrator of General Services

is authorized to delegate and to

authorize successive redelegations of

the real property functions vested in the

Administrator to any other Federal

agency. The guiding principle in the

delegation decision is whether the

delegation is in the best interest of the

Government, including but not limited

to whether a delegation would be cost

effective for the Government in the

delivery of space. Federal agencies must

conduct their real property functions

within the parameters described within

each specific delegation of authority

document, and Federal agencies may

only exercise the authority of the

Administrator that is specifically

provided within the written delegation

of authority document. Specific

guidance on delegations of authority is

found in §§ 101–17.202–2, 101–18.104–

1(a), 101–19.501, and 101–20.106–1 of

this subchapter.

Note: The ‘‘Can’t Beat GSA Leasing

Program’’ provides Federal agencies with the
Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules 42449

option to either use GSA when a new lease

is necessary or conduct the lease

procurement themselves. This delegation

includes some conditions which agencies

must meet when the procurement is not

performed by GSA. These conditions include

training in lease contracting and reporting

data to GSA.

§ 101–16.201 Types of delegations.

Delegations of authority cover the

following areas of responsibility:

(a) Real estate leasing. (1) Section

101–18.104 of this subchapter describes

the existing types of delegations for

lease acquisitions.

(2) General purpose space. The

Administrator of GSA has issued a

standing delegation of authority to the

heads of all Federal agencies to

accomplish all functions relating to

leasing of general purpose space for

terms of up to 20 years regardless of

geographic location, subject to the

conditions in the written delegation of

authority instrument.

(3) Administrative contracting officer

(ACO) delegations. An ACO, in addition

to lease management authority, has

limited contracting officer authority to

perform such duties as paying and

withholding lessor rent and modifying

lease provisions that do not change the

lease term length or the amount of

square footage under lease.

When a Federal agency elects not to

exercise the delegation of authority for

general purpose space mentioned in

paragraph (a) of this section, GSA may

consider granting this ACO delegation

when all of the following conditions

exist:

(i) The Federal agency occupies 90

percent of the leased space or the

Federal agency has the written

concurrence of 100% of rent-paying

occupants covered under the lease; and

(ii) The Federal agency has the

technical capability to perform the

leasing function.

(b) Facility management. Delegates

authority to Federal agencies to

accomplish functions concerned with

the day-to-day operation and

management of buildings, to accomplish

individual repair and alteration projects,

and to accomplish functions associated

with lease management. The types of

facility management delegations include

the following:

(1) Delegation of real property

management and operation. Delegates

authority to Federal agencies to

accomplish functions concerned with

the day-to-day operation and

management of buildings. These

functions include building operations,

maintenance, recurring repairs,

alterations, historic preservation,

concessions, and energy management of

specified buildings subject to the

conditions stated in the delegation

instrument.

(i) Delegates real property

management and operation authority

when all of the following conditions

exist:

(A) The Federal agency occupies at

least 90 percent of the space in the

Government controlled facility or the

Federal agency has the concurrence of

100 percent of rent paying occupants;

and

(B) The Federal agency satisfactorily

demonstrates the ability to perform the

delegated real property management

and operation responsibilities.

(2) Individual repair and alteration

project delegation. Delegates to Federal

agencies the authority to perform

individual repair and alterations

projects. Repair and alterations

authority is delegated to Federal

agencies for reimbursable space

alteration projects up to the simplified

acquisition threshold, in accordance

with § 101–20.106 of this subchapter.

Repair and alterations authority may be

delegated to Federal agencies for other

individual alteration projects when the

Federal agency demonstrates the ability

to perform the delegated repair and

alterations responsibility and when

such a delegation will promote

efficiency and economy.

(3) Delegation of lease management

authority (Contracting Officer

Representative Authority). When a

Federal agency elects not to exercise the

delegation of authority for general

purpose space mentioned in paragraph

(a) of this section, GSA may delegate

authority to a Federal agency upon

request to manage the administration of

one or more lease contracts. A

delegation of lease management

authority is appropriate when all of the

following conditions exist:

(i) The Federal agency occupies at

least 90 percent of the space in the lease

or the Federal agency has the written

concurrence of 100% of rent-paying

occupants covered under the lease; and

(ii) The Federal agency personnel

satisfactorily demonstrate the ability to

perform the delegated lease

management responsibilities.

(c) Disposal of real property. Delegates

authority to Federal agencies to utilize

and dispose of real and related personal

property and to grant approvals and

make determinations as provided for in

the delegation instrument. Disposal

delegations to Federal agencies are

infrequent. Delegation of disposal

authority may be appropriate where

low-value properties are involved and

where the Federal agency has the

technical expertise to perform the

disposition functions. GSA may grant

special delegations of authority to other

Federal agencies for the utilization and

disposal of certain real property through

the procedures set forth in subpart 101–

47.6.

(d) Security. Delegates authority to

Federal agencies relating to the

protection of persons and property at

the locations identified in the delegation

instrument. Security delegations to

Federal agencies are based upon

considerations such as whether a clear

and unique security requirement exists;

whether there is a critical national

security issue; whether the agency has

an intelligence or law enforcement

mission; and/or whether the agency can

show that the current security

contractor is ineffective.

(e) Public utilities. Delegates authority

to Federal agencies to negotiate and

execute utility services contracts for the

use and benefit of the delegated agency

and to intervene in utility rate

proceedings to represent the consumer

interests of the Federal Government,

subject to the conditions stated in the

delegation instrument. The criteria that

GSA uses in determining whether a

delegation will be issued include

whether the Federal agency has the

technical expertise and adequate

staffing, and whether there is an existing

areawide contract.

Subpart 101–16.3—Real Estate

§ 101–16.300 Basic policy.

Federal agencies must provide real

estate and related services for their use

in an efficient and cost effective

manner, after a determination that

suitable Government-controlled real

estate is not available.

§ 101–16.301 Program-specific authority.

Including, but not limited to, the

Federal Property and Administrative

Services Act of 1949, as amended;

Public Buildings Act of 1959, as

amended; Public Buildings Cooperative

Use Act of 1976; Uniform Relocation

Assistance and Real Property

Acquisition Policies Act of 1970, as

amended; the Architectural Barriers Act

of 1968; the Randolph-Sheppard Act, as

amended; the National Environmental

Policy Act of 1969; the National Historic

Preservation Act; Executive Order

12072, entitled ‘‘Federal Space

Management’’; Executive Order 11988,

entitled ‘‘Floodplain Management’’;

Executive Order 11990, entitled

‘‘Protection of Wetlands;’’ Executive

Order 13006, entitled ‘‘Locating Federal

Facilities on Historic Properties in our

Nation’s Central Cities.’’
42450 Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules

§ 101–16.302 Real estate and related

services.

Federal agencies must provide real

estate and related services, including

leases, purchase options, building

purchase, purchase of sites,

condemnation, and relocation

assistance. The real estate and related

services include the following:

(a) Leases. Federal agencies must

adhere to the following policies when

acquiring space by lease:

(1) Federal agencies may consider

leases of privately owned land and

buildings only when needs cannot be

satisfactorily met in Governmentcontrolled space and:

(i) Leasing proves to be more

advantageous than the construction of a

new or alteration of an existing Federal

building.

(ii) New construction or alteration is

not warranted because requirements in

the community are insufficient or

indefinite in scope or duration.

(iii) Completion of a new building

within a reasonable time cannot be

ensured.

(2) Available space in buildings under

the custody and control of the United

States Postal Service (USPS) will be

given priority consideration in fulfilling

Federal agency space needs.

(3) Acquisition of space by lease will

be on the basis most favorable to the

Government, with due consideration to

maintenance and operational efficiency,

and only at charges consistent with

prevailing scales for comparable

facilities in the community.

(4) Acquisition of space by lease will

be by negotiation except where the

sealed bid procedure is required by 41

U.S.C. 253(a). Except as otherwise

provided in 41 U.S.C. 253, full and open

competition will be obtained among

suitable locations meeting minimum

Government requirements.

(5) When acquiring space by lease, the

provisions of (101–17.205 of this

subchapter regarding determination of

the location of Federal facilities must be

strictly adhered to. This implements

Executive Order 12072.

(6) When acquiring space by lease, the

provisions of section 110(a) of the

National Historic Preservation Act of

1966 (16 U.S.C. 470), as amended,

regarding the use of historic properties

must be strictly adhered to.

(7) Federal agencies may enter into

lease agreements with any person,

copartnership, corporation, or other

public or private entity, which do not

bind the Government for periods in

excess of twenty years for each such

lease agreement.

(8) Federal agencies may not lease any

space to accommodate computer and

telecommunications operations; secure

or sensitive activities related to the

national defense or security; or a

permanent courtroom, judicial chamber,

or administrative office for any United

States court, if the average rental cost of

leasing such space would exceed the

prospectus threshold. Federal agencies

may lease such space only if the

Administrator first determines that

leasing such space is necessary to meet

requirements which cannot be met in

public buildings and submits such

reasons to the Committee on

Environment and Public Works of the

Senate and the Committee on Public

Works and Transportation of the House

of Representatives.

(b) Leases with purchase options. Give

consideration to leasing with a purchase

option when one or more of the

following conditions exist:

(1) When the purchase option offers

economic and other advantages to the

Government and is consistent with the

Government’s goals;

(2) When the Government is the sole

or major tenant of the building, and has

a long-term need for the property;

(3) When otherwise in the best

interest of the Government.

(c) Building purchase. Evaluate

buildings considered for purchase on a

case-by-case basis when one or more of

the following conditions exist:

(1) When it is economically more

beneficial to own and manage the

property;

(2) When there is a long-term need for

the property;

(3) When the property is an existing

building, or a building nearing

completion, that can be purchased and

occupied within a reasonable time.

(4) Or when otherwise in the best

interests of the Government.

(d) Purchase of sites. Locate proposed

Federal buildings on sites that are most

advantageous to the United States.

Factors that may be considered include,

but are not limited to, whether the site

will contribute to economy and

efficiency in the construction,

maintenance and operation of the

individual building, and how the

proposed site relates to the

Government’s total space needs in the

community. Site selections must take

into consideration Executive Orders

12072 and 13006 (see § 101–19.002(a) of

this subchapter). In addition,

consideration will also be given to:

(1) Maximum utilization of

Government-owned land (including

excess land) whenever it is adequate,

economically adaptable to requirements

and properly located, where such use is

consistent with the provisions of

Executive Order 11724 of June 25, 1973

and subpart 101–47.8 of this chapter.

(2) A site adjacent to or in the

proximity of an existing Federal

building which is well located and is to

be retained for long-term occupancy.

(3) Determine the environmental

condition of proposed sites prior to

purchase; such sites must be free from

contamination, unless it is otherwise

determined to be in the best interests of

the Government to purchase a

contaminated site.

(4) Consider purchase options to

secure the availability of a site.

(5) Suitable sites in established civic

or redevelopment centers which are

well planned and properly financed

with development initiated and insured.

(6) Policies regarding the

determination of the location of Federal

facilities shall be strictly adhered to in

the process of developing building

projects.

(e) Condemnation. Obtain the use of

real property through the procedures set

forth in subpart 101–18.2 of this

subchapter.

(f) Relocation assistance. Eligible

owners and tenants of property

purchased for use by Federal agencies

must receive appropriate relocation

assistance under the Uniform Relocation

Assistance and Real Property

Acquisition Policies Act, 42 U.S.C.

4651–4655. The implementing

regulations are found at § 105–51.005 of

this chapter.

Subpart 101–16.4—Facility

Management

§ 101–16.400 Basic policy.

Federal agencies must manage,

operate, and maintain Governmentowned and leased buildings in a manner

that ensures quality space and services

consistent with operational needs and

that accomplish overall Government

objectives. The management, operation,

and maintenance of buildings and

building systems must be cost effective,

must be adequate to meet the agencies’

missions, must meet nationally

recognized standards, and must be at an

appropriate level to maintain and

preserve the physical plant assets,

consistent with available funding.

§ 101–16.401 Program-specific authority.

Including, but not limited to, the

Randolph-Sheppard Act, as amended;

the Small Business Act, as amended;

Executive Order 12902, entitled ‘‘Energy

Efficiency and Water Conservation at

Federal Facilities’’; and Executive Order

12873, entitled ‘‘Federal Acquisition,

Recycling, and Waste Prevention.’’
Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules 42451

§ 101–16.402 Occupancy services.

Federal agencies must provide

occupancy services for real property

assets.

(a) Federal agencies must manage,

administer, and enforce the

requirements of agreements (such as

Memoranda of Understanding, etc.) and

contracts that provide for the delivery of

occupancy services.

(b) Federal agencies must provide

occupancy services which substantially

conform to nationally recognized

standards. As needed, Federal agencies

may adopt other standards for buildings

and services in federally controlled

facilities in order to conform to statutory

requirements and to implement costreduction efforts. The occupancy

services include the following:

(1) Building services. Federal agencies

must provide building services such as

custodial, solid waste management

(including recycling), heating and

cooling, landscaping and grounds

maintenance, tenant alterations, minor

repairs, building maintenance,

integrated pest management, signage,

parking, and snow removal, at

appropriate levels to support Federal

agency missions.

(2) Concessions. Federal agencies

must provide concessions services

where building population supports

such services and when the availability

of existing commercial services is

insufficient to meet Federal agency

needs. Concessions services consist of

services such as dry cleaners, gift shops,

vending facilities (onsite preparation

facilities, prepackaged facilities, sundry

facilities, and vending machines),

cafeterias, employee health units, and

public pay telephones. See RandolphSheppard Act, as amended, and subpart

101–20.2 of this subchapter.

(3) Conservation. Federal agencies

must provide programs for the

improvement of energy and water

efficiency. These programs must

promote and maintain an effective

source reduction activity (reducing

consumption of resources such as

energy, water and paper), resource

recovery activity (obtaining materials

from the waste stream that can be

recycled into new products), and reuse

activity (reusing same product before

disposition, such as reusing unneeded

memos for scratch paper).

§ 101–16.403 Asset services.

Federal agencies must provide asset

services such as repairs (in addition to

those minor repairs identified in § 101–

16.402(b)(1) entitled ‘‘Building

services’’) and alterations for real

property assets. GSA must provide asset

services such as modernizations for real

property assets. Asset services must be

accomplished to maintain continuity of

Government operations, to provide for

continued efficient building operations,

to extend the useful life of buildings and

related building systems, and to provide

a quality workplace environment that

enhances employee productivity.

Subpart 101–16.5—Real Property

Disposal

§ 101–16.500 Basic policy.

GSA must provide, in a timely,

efficient, and cost effective manner, the

full range of real estate services

necessary to support the real property

utilization and disposal needs of

Federal agencies. Each executive

landholding agency must make surveys

of real property under its jurisdiction to

identify property that is unutilized,

underutilized, or not being put to

optimum use and to ensure that

adequate systems are in place to

promote the effective utilization and

disposal of such real property.

§ 101–16.501 Program-specific authority.

Including, but not limited to, the

Federal Property and Administrative

Services Act of 1949, as amended; the

Stewart B. McKinney Homeless

Assistance Act; Executive Order 12512,

entitled ‘‘Federal Real Property

Management;’’ National Environmental

Policy Act of 1969, as amended;

National Historic Preservation Act of

1966, as amended; Comprehensive

Environmental Response,

Compensation, and Liability Act of

1980, as amended; Superfund

Amendments and Reauthorization Act

of 1986, as amended.

§ 101–16.502 Real property disposal

services.

GSA must provide for real property

disposal services for real property assets

under its custody and control and for

Federal agencies. These real property

disposal services include the following:

(a) Utilization of excess property. GSA

must:

(1) Stimulate the identification and

reporting by executive agencies of

excess real property.

(2) Achieve the maximum utilization

by executive agencies, in terms of

economy and efficiency, of excess real

property in order to minimize

expenditures for the purchase of real

property.

(3) Provide for the transfer of excess

real property among Federal agencies, to

mixed-ownership Government

corporations, and to the municipal

government of the District of Columbia.

(4) Resolve conflicting transfer

requests that cannot be resolved by the

involved agencies.

(b) Surveys. Each executive agency

must:

(1) Survey real property under its

control (including property assigned on

a permit basis to other Federal agencies,

or outleased to States, local

governments, other public bodies, or

private interests) at least annually to

identify property which is not needed,

underutilized, or not being put to

optimum use. When other needs for the

property are identified or recognized,

the agency must determine whether

continuation of the current use or

another Federal or other use would

better serve the public interest,

considering both the Federal agency’s

needs and the property’s location. In

conducting each review, Federal

agencies must be guided by § 101–

47.801(b) of this chapter, and other

applicable General Services

Administration regulations.

(2) Maintain its inventory of real

property at the absolute minimum

consistent with economical and efficient

conduct of the affairs of the agency.

(3) Promptly report to GSA real

property which it has determined to be

excess.

(c) Disposal of surplus property.

Excess real property not needed for

further Federal use must be determined

by GSA as surplus to the needs of the

Federal government and must be

expeditiously made available for

acquisition by State and local

governmental units and nonprofit

institutions or for sale by public

advertising, negotiation, or other

disposal action. Considerations

regarding availability for public

purposes based on highest and best use

and estimated fair market value must be

made by GSA on a case-by-case basis.

See § 101–47.202–2(b) of this chapter for

the requirements for reporting excess

real property containing hazardous

substance activity and, where hazardous

substance activity has been identified,

§ 101–47.304–14 for required

information to be incorporated into

Invitation for Bids/Offers to Purchase.

(1) GSA may dispose of surplus real

property by exchange for privately

owned property only—

(i) For property management

considerations such as boundary

realignment or provision of access or

(ii) Where authorized by law, when

the requesting Federal agency has

received approval by the Office of

Management and Budget and the

appropriate oversight committees, and

where the transaction offers substantial

economic or unique program advantages
42452 Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules

not otherwise obtainable by any other

method of acquisition.

(2) GSA may outlease surplus real

property for non-Federal interim use,

pending its disposition, when both of

the following conditions exist:

(i) The lease or permit is for a period

not exceeding 1 year and is revocable on

not to exceed 30 days’ notice by the

disposal agency; and

(ii) The use and occupancy will not

interfere with, delay, or impede the

disposal of the property.

(3) GSA, or landholding Federal

agencies with the approval of GSA, may

grant rights for non-Federal interim use

of excess property reported to GSA,

when it is determined that such interim

use is not required for the needs of any

Federal agency.

(d) Public benefit conveyances. Based

on a highest and best use analysis, GSA

may designate surplus real property as

available to State and local

governmental bodies and certain

nonprofit institutions at up to 100

percent public benefit discount for

public benefit purposes including

education, health, park and recreation,

homeless, historic monument, public

airport, highway, correctional, ports,

and wildlife conservation.

(e) Negotiated sale. GSA must obtain

such competition as is feasible under

the circumstances in all negotiations of

disposals and contracts for disposal of

surplus property.

(1) Negotiated sales may be made

only:

(i) When the estimated fair market

value of the property involved does not

exceed $15,000;

(ii) When bid prices after advertising

therefore are not reasonable (either as to

all or some part of the property) or have

not been independently arrived at in

open competition;

(iii) When the character or conditions

of the property or unusual

circumstances make it impractical to

advertise publicly for competitive bids

and the fair market value of the property

and other satisfactory terms of disposal

can be obtained by negotiation;

(iv) When the disposals will be to

States, Commonwealth of Puerto Rico,

possessions, political subdivisions

thereof, or tax-supported agencies

therein, and the estimated fair market

value of the property and other

satisfactory terms of disposal are

obtained by negotiations. Such

negotiated sales to public bodies must

be limited to where a public benefit will

result from a negotiated sale which

would not be realized from a

competitive sale disposal (Such public

purposes include administrative offices,

police stations, fire houses, and

economic development); or

(v) When negotiation is otherwise

authorized by the Federal Property and

Administrative Services Act of 1949 or

other law, such as:

(A) Disposals of power transmission

lines for public or cooperative power

projects.

(B) Disposals for public airport

utilization.

(2) Negotiated sales to public agencies

must include an excess profits clause,

which usually runs for a period of 3

years, in the offer to purchase and the

conveyance document to eliminate the

potential for windfall profits to the

public agencies.

(3) A negotiated sale for economic

development purposes means a

transferee will develop or make

substantial improvements to the

property with the intention of re-selling

or leasing the property in parcels to

users to advance the community’s

economic benefit. This type of

negotiated sale is acceptable where the

expected public benefits to the

community will be greater than the

anticipated proceeds derived from a

competitive public sale.

(f) Public sales. Surplus property that

is not disposed of by public benefit

discount conveyance or by negotiated

sale is made available by competitive

public sale. Awards must be made on

the basis of the Government’s estimate

of value, price and other factors that are

most advantageous to the Government.

(g) Economy Act sales. Under the

Economy Act, GSA may provide sales

services to other Federal agencies on a

reimbursable basis. Even though these

agencies have their own disposal

authority, they are, in many instances,

unable to dispose of/sell large real

property inventories acquired through

forfeiture, loan default, and drug

seizures. Reimbursable charges must be

for actual expenses and are not

formulated to create a profit to GSA.

Requests for sales services from other

agencies under the Economy Act must

not be accepted by GSA if they delay or

otherwise impact the accomplishment

of the mission objectives of the Federal

Property and Administrative Services

Act of 1949, as amended.

(h) Appraisals. For all real property

transactions requiring appraisals, GSA

must in all cases obtain, as appropriate,

an appraisal of either the fair market

value or the fair annual rental value of

property available for disposal.

(1) Appraisals are not required when

either of the following conditions exist:

(i) The property is to be disposed of

without monetary consideration, or at a

fixed price. This exception shall not

apply to disposals that take any public

benefit purpose into consideration in

fixing the sale value of the property.

(ii) The estimated fair market value of

property to be offered on a competitive

sale basis does not exceed $50,000.

(2) GSA must have the property

appraised by experienced and qualified

appraisers familiar with the types of

property to be appraised.

(3) Appraisal data required for the

purposes of disposing of surplus

property by negotiation under § 101–

16.502(e)(1)(iii), (iv), or (v)(A) must be

obtained under contractual

arrangements with experienced and

qualified real estate appraisers familiar

with the types of property to be

appraised. However, GSA may authorize

any other method of obtaining an

estimate of the fair market value or the

fair annual rental it deems proper when

the cost of obtaining such data from a

contract appraiser would be out of

proportion to the expected recoverable

value of the property, or if for any other

reason employing a contract appraiser

would not be in the best interest of the

Government.

Subpart 101–16.6—Design and

Construction

§ 101–16.600 Basic policy.

GSA must provide for the highest

quality of design and construction

services for the construction of new

Federal facilities and for the repair and

alteration of existing Federal facilities in

a timely, efficient, and cost effective

manner to support the mission of

Federal agencies. GSA must provide for

Federal facilities in an architectural

style and form which is distinguished

and reflects the dignity, enterprise, vigor

and stability of the Federal Government.

GSA must follow national building

codes that govern Federal construction

to the maximum extent feasible, and

give consideration to the requirements

of local building codes. Federal

buildings must be designed to have a

long life expectancy, and must be able

to accommodate continual changes due

to renovations. GSA must ensure that

buildings are cost effective, accessible to

and usable by the physically

handicapped, and that building service

equipment must be designed to be

accessible for maintenance, repair or

replacement without causing significant

disturbance in occupied space. GSA

must consider ease of operation when

selecting mechanical and electrical

equipment.

§ 101–16.601 Program-specific authority.

Including, but not limited to, the

Public Buildings Act of 1959;
Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules 42453

Architectural Barriers Act of 1968;

National Environmental Policy Act of

1969; National Historic Preservation Act

of 1966, as amended; Rehabilitation Act

of 1973, as amended; Americans with

Disabilities Act of 1990.

§ 101–16.602 Design and construction

services.

GSA must provide for design and

construction services for real property

assets under its custody and control for

Federal agencies. The design and

construction services include the

following:

(a) Site planning and landscape

design. The quality of GSA site design

must be a direct extension of the

building design and must make a

positive contribution to the surrounding

landscape.

(1) GSA must consider all non

procedural requirements of local zoning

laws. GSA must consider non

procedural requirements of laws relating

to setbacks, height, historic preservation

and aesthetic qualities of a building.

(2) GSA must identify areas for future

building expansion in the architectural

and site design concept for all GSA

buildings where an expansion need is

identified to exist.

(3) GSA must assure that the

landscape design creates a pleasant,

dynamic experience for occupants and

visitors to its facilities and that it is

closely coordinated with the

architectural characteristics of the

building.

(4) GSA must comply with the

requirements of the National

Environmental Policy Act of 1969 for

each project.

(b) Architectural and interior design.

GSA must design Federal facilities that

demonstrate distinction and quality.

(1) Buildings must reflect the local

architecture through the use of building

form, materials, colors, or detail.

Building interiors must express a

quality of permanence similar to that of

the buildings’ exterior.

(2) For new construction and major

renovations, GSA must ensure that

physically handicapped persons have

full access to, and use of federallycontrolled facilities in accordance with

the Architectural Barriers Act of 1968

(Uniform Federal Accessibility

Standards (UFAS)) or Americans with

Disabilities Act of 1990 (ADA

accessibility guidelines), whichever is

more stringent. For minor renovations

in existing buildings, GSA must meet

minimum UFAS requirements. A more

detailed explanation of these standards

can be found in subpart 101–19.6 of this

subchapter.

(3) GSA must utilize metric

specifications in construction where

metrication is the accepted industry

standard, and to the extent that such

usage is economically feasible and

practical.

(4) GSA must provide for the design

of security systems to protect Federal

workers and visitors and to safeguard

facilities against criminal activity and/or

terrorist activity. Security design must

support the continuity of government

operations during civil disturbances,

natural disasters and other emergency

situations.

(c) Engineering systems design. GSA

must provide for engineering systems

for real property assets under its

custody and control for Federal

agencies. The engineering systems

include the following:

(1) Structural engineering. GSA must

have the capability to accommodate

changing Federal agencies’ requirements

in the life cycle of Federal buildings.

(2) Mechanical engineering. GSA

must encourage the use of building

automation systems that are cost

effective and enable ease of operation in

Federal buildings.

(3) Electrical engineering and

communications systems. GSA must

assure that electrical and

communications systems support the

many types of equipment used in

Federal buildings. These systems must

provide ample capacity for increased

requirements in the future.

Subpart 101–16.7—Art-in-Architecture

§ 101–16.700 Basic policy.

The architectural character and design

of Federal buildings occupied by

Federal agencies is enhanced through

the commissioning of works of art. GSA

should incorporate fine arts as an

integral part of the total building

concept in the design of new Federal

buildings, and in the substantial repair

and alteration of existing Federal

buildings, as appropriate. The selected

fine arts, including painting, sculpture,

and artistic work in other media, must

reflect the national cultural heritage and

emphasize the work of living American

artists.

§ 101–16.701 Art-in-architecture services.

GSA may provide Art-in-architecture

services for real property assets under

its custody and control. The Art-inarchitecture services include the

following:

(a) Types of art. GSA must

commission artwork that is diverse in

style and media.

(b) Funding. GSA funds the Art-inarchitecture efforts by allocating to it a

portion of the estimated cost of

constructing or purchasing new Federal

buildings, or of completing major repair

and alteration of existing buildings.

Funding for qualifying projects,

including new construction, building

purchases, other building acquisition, or

prospectus-level repair and alteration

projects must be in a range determined

by the Administrator of General

Services.

(c) Community support. To the

maximum extent practicable, GSA

should seek the support and

involvement of local citizens in the

selection of appropriate artwork. GSA

should collaborate with the artist and

community to produce works of art that

reflect the cultural, intellectual, and

historic interests and values of a

community.

(d) Commissioning of art. To the

maximum extent practicable, the

commissioning and selection of art in

Federal buildings should be a

collaborative effort among GSA, the

architect of the building, art

professionals, and the local community.

(e) Public affairs. GSA must ensure

that Art-in-architecture is given national

visibility to facilitate participation by a

large and diverse group of artists

representing a wide variety of types of

artwork.

Subpart 101–16.8—Historic

Preservation

§ 101–16.800 Basic policy.

In order to protect, enhance and

preserve historic and cultural property

under its control, GSA must take into

account the effects of its undertakings

on historic and cultural properties, and

give the Advisory Council on Historic

Preservation (Advisory Council), the

State Historic Preservation Officer

(SHPO), and other consulting parties a

reasonable opportunity to comment

regarding the proposed undertakings.

Historic and cultural properties are

those which are included in, or eligible

for inclusion in, the National Register of

Historic Places (National Register).

(a) GSA must solicit information from

consulting parties to assist it in carrying

out its responsibilities under historic

and cultural preservation laws and

regulations. GSA must invite the

participation of consulting parties

through its normal public notification

processes.

(b) Whenever a GSA undertaking

adversely affects an historic or cultural

property, all adverse impacts must be

minimized to the extent that is feasible

and prudent.
42454 Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules

§ 101–16.801 Program-specific authority.

Including, but not limited to, the

National Historic Preservation Act of

1966, as amended; the Public Buildings

Cooperative Use Act of 1976; and

Executive Order 13006, entitled

‘‘Locating Federal Facilities on Historic

Properties in our Nation’s Central

Cities.’’

§ 101–16.802 Historic preservation

services.

GSA must provide historic

preservation services for real property

assets under its custody and control.

The historic preservation services

include the following:

(a) Identification of historic

properties. GSA must identify all

National Register or National Registereligible historic and cultural properties

that are under its control. Properties that

may be affected by the policies, plans,

or other undertakings of GSA sponsored

activities, must be examined for the

presence of historic and cultural

significance. If unable to reach

agreement on eligibility with the State

Historic Preservation Officer, GSA must

request a determination of eligibility

from the Keeper of the National Register

(Keeper) for properties under its control

that appear to meet the criteria of

eligibility for inclusion in the National

Register.

(b) Nomination to the National

Register. GSA must nominate to the

National Register all properties under its

control determined eligible for inclusion

in the National Register by the Keeper.

(c) Property under GSA control. (1)

Real property. GSA must prepare a

Historic Building Preservation Plan for

each National Register or National

Register-eligible property under its

control. All reports must, when

approved by the consulting parties,

become a binding management plan for

the property.

(2) Direct and leased construction.

GSA must investigate for the presence of

historic and cultural factors on all

proposed sites for direct and leased

construction.

(3) Leased space. Federal agencies

must give consideration to historic

properties which are suitable for office

space or other commercial usage. In

leasing historic property, Federal

agencies gives a preference to such

leasing actions.

(d) Disposition of real property. (1)

Property under the control of GSA. GSA

must review all proposed excess actions

for the inclusion of National Register or

National Register-eligible properties.

GSA must not perform an undertaking

which could alter, destroy, or modify an

historic or cultural property until GSA

has consulted with the SHPO and the

Advisory Council.

(2) Property under another agency’s

jurisdiction. GSA must not accept

property declared excess by another

Federal agency nor act as an agent for

transfer or sale of such properties until

the holding agency has provided

evidence that the Federal agency’s

National Historic Preservation Act

responsibilities have been met.

(e) Locating Federal Facilities on

Historic Properties in Our Nation’s

Central Cities. When operationally

appropriate and economically prudent,

and subject to the requirements of

Section 601 of Title VI of the Rural

Development Act of 1972, as amended,

(42 U.S.C. 3122), and Executive Order

12072, when locating Federal facilities,

Federal agencies shall give first

consideration to historic properties

within historic districts. If no such

property is suitable, then Federal

agencies shall consider other developed

or undeveloped sites within historic

districts. Federal agencies shall then

consider historic properties outside of

historic districts, if no suitable site

within a district exists.

Subpart 101–16.9—Assignment and

Utilization of Space

§ 101–16.900 Basic policy.

Federal agencies must provide a

quality workplace environment that

supports program operations, preserves

the value of real property assets, ensures

essential requirements for Federal

workspace, and ensures the provision of

child care and physical fitness facilities

in the workplace when adequately

justified. Federal agencies must promote

maximum utilization of Federal

workspace in order to maximize its

value to the Government.

§ 101–16.901 Program-specific authority.

Including, but not limited to, the

Rural Development Act of 1972, as

amended; Executive Order 12072,

entitled ‘‘Federal Space Management’’;

Competition in Contracting Act of 1984

(CICA), as amended; Executive Order

12411, entitled ‘‘Government Work

Space Management Reforms’’; Executive

Order 12512, entitled ‘‘Federal Real

Property Management;’’ and Executive

Order 13006, entitled ‘‘Locating Federal

Facilities on Historic Properties in our

Nation’s Central Cities.’’

§ 101–16.902 Assignment and utilization

services.

Federal agencies must provide

assignment and utilization services in a

manner that will maximize the value of

Federal real property resources and

improve the productivity of the workers

that are housed. The assignment and

utilization services include the

following:

(a) Assignment of space. Federal

agencies must promote the optimum use

of space for each assignment at the

minimum cost to the Government, and

must ensure that quality workspace is

delivered and occupied in a timely

manner.

(1) Federal agencies must assign space

based on space requirements.

(2) In accordance with 40 U.S.C. 490b

and § 101–17.214 of this subchapter,

Federal agencies are authorized to allot

space in Federal buildings to

individuals or entities who will provide

child care services to Federal

employees.

(3) In accordance with 5 U.S.C. 7901

and § 101–17.213 of this subchapter,

Federal agencies are authorized to allot

space in Federal buildings for

establishing fitness programs.

(b) Utilization of space. Federal

agencies must promote efficient

utilization of space in accordance with

GSA standards. In order to maximize

the use of vacant space, Federal

agencies’ space needs must be satisfied

in existing Government-controlled space

to the maximum extent practical.

Available space in buildings under the

custody and control of the U.S. Postal

Service must also be given priority

consideration. Where there is no space

need, Federal agencies must make every

effort to maximize the productive use of

vacant space through out-granting (i.e.,

outlease, permit, license).

§ 101–16.903 Location of space.

Federal agencies must give first

priority to the location of new offices

and other facilities in rural areas (42

U.S.C. 3122). When Federal agency

mission and program requirements call

for location in an urban area, Federal

agencies must give first consideration to

central business areas (CBAs) and other

designated areas (Executive Order

12072). In accordance with the

Competition in Contracting Act (CICA),

Federal agencies must consider whether

restricting the delineated area to the

central business area will provide for

competition when acquiring leased

space. Where it is determined that an

acquisition should not be restricted to

the CBA, Federal agencies may expand

the delineated area in consultation with

local officials. The CBA must continue

to be included in such expanded areas.

In accordance with Executive Order

13006, and subject to the requirements

of Section 601 of Title VI of the Rural

Development Act of 1972, as amended,

(42 U.S.C. 3122), Executive Order

12072, and CICA (41 U.S.C. 253 et seq.),
Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules 42455

when locating Federal facilities, Federal

agencies shall give first consideration to

historic properties within historic

districts. If no such property is suitable,

then Federal agencies shall consider

other developed or undeveloped sites

within historic districts. Federal

agencies shall then consider historic

properties outside of historic districts, if

no suitable site within a district exists.

Each Federal agency is responsible for

identifying the delineated area within

which it wishes to locate specific

activities, consistent with its mission

and program requirements, and in

accordance with all applicable laws,

regulations, and Executive orders. GSA

is responsible for approving the final

delineated area and shall confirm that

the final delineated area is in

compliance with the requirements of all

applicable laws, regulations, and

Executive orders.

Subpart 101–16.10—Safety and

Environmental Management

§ 101–16.1000 Basic policy.

Federal agencies must provide for a

safe and healthful work environment for

Federal employees and the visiting

public, protect Federal real and personal

property, promote mission continuity,

and provide reasonable safeguards for

emergency forces if an incident occurs.

GSA must assess risk, ensure

decisionmakers are aware of risks, and

act promptly and appropriately in

response to risk.

§ 101–16.1001 Program-specific authority.

Including, but not limited to, the

Occupational Safety and Health Act of

1970; Executive Order 12196, entitled

‘‘Occupational Safety and Health

Programs for Federal Employees’’;

Environmental Protection Agency (EPA)

approved State plans; the National

Environmental Policy Act; Executive

Order 11988, entitled ‘‘Floodplain

Management’’; Executive Order 11990,

entitled ‘‘Protection of Wetlands’’ as

amended; Clean Air Act, as amended;

the Comprehensive Environmental

Response, Compensation, and Liability

Act; Executive Order 12699, entitled

‘‘Seismic Safety of Federal and

Federally Assisted or Regulated New

Building Construction’’; the Solid Waste

Disposal Act, as amended; and the

Toxic Substances Control Act.

§ 101–16.1002 Occupancy services.

GSA must provide occupancy services

for real property assets. The occupancy

services include the following:

(a) Asbestos. Federal agencies must

inspect and assess GSA-owned

buildings for the presence and condition

of asbestos-containing materials. Federal

agencies must ensure that leased space

is free of all asbestos containing

materials, except undamaged asbestos

flooring in the space or undamaged

boiler or pipe insulation outside the

space, in which case an asbestos

management program conforming to

Environmental Protection Agency

guidance must be implemented.

(1) Federal agencies must manage inplace asbestos that is in good condition

and not likely to be disturbed.

(2) Federal agencies must abate

damaged asbestos, and asbestos likely to

be disturbed. Federal agencies must

perform a pre-alteration asbestos

assessment for activities that may

disturb asbestos.

(3) Federal agencies must not use

asbestos in new construction,

renovation/modernization or repair of

GSA-owned space. Unless approved by

GSA, Federal agencies must not obtain

space with asbestos through purchase,

exchange, transfer, or lease, except as

identified in paragraph (a) of this

section. In situations where space is

obtained which has asbestos, an

asbestos abatement program must

ensure that the asbestos will not be

damaged or subject to disturbance by

routine operations, and the Federal

agency must implement an asbestos

management program conforming to

EPA guidance and requirements.

(4) Federal agencies must

communicate all written and oral

asbestos information about the leased

space to tenants.

(b) Radon. Federal agencies must

abate radon in their space and ensure

that lessors abate radon in space when

radon levels exceed current EPA

standards.

(1) Federal agencies must retest

abated areas and ensure that lessors

retest, as required, abated areas to

ensure adherence to EPA standards.

(2) Federal agencies must test nonpublic water sources (in remote areas for

projects such as border stations) for

radon according to EPA guidance.

Radon levels must be mitigated that

exceed current applicable EPA

standards. Federal agencies must retest,

as required, to ensure adherence to EPA

standards.

(c) Indoor air quality. GSA must

assess indoor air quality of all GSAcontrolled buildings during GSA safety

and environmental facility assessments.

Problems identified must be corrected.

Federal agencies must respond to

Federal agency complaints on air

quality and take appropriate corrective

action.

(d) Lead. Federal agencies must test

space for lead-based paint in renovation

projects that require sanding, welding or

scraping painted surfaces. Lead based

paint must not be removed from

surfaces in good condition. Federal

agencies must test all painted surfaces

for lead in proposed or existing child

care centers. Lead-based paint found

must be abated in accordance with

Department of Housing and Urban

Development (HUD) Lead-Based Paint

Guidelines. Federal agencies must test

potable water for lead in all drinking

water outlets in child care centers.

Federal agencies must take corrective

action when lead levels exceed the HUD

Guidelines.

(e) Hazardous materials and wastes.

Federal agencies must monitor the

transport, use, and disposition of

hazardous materials and waste in GSAcontrolled buildings to ensure

compliance with GSA, OSHA,

Department of Transportation, EPA, and

EPA-approved State and local

requirements. In leased space, Federal

agencies must ensure that all

agreements with the lessor require that

the leased space be free of hazardous

materials according to applicable

Federal, State, and local environmental

regulations.

(f) Underground storage tanks. GSA

must manage and close underground

storage tanks, including heating oil and

fuel oil tanks, in accordance with GSA,

EPA, and EPA-approved State and local

requirements. GSA must require the

responsible party for tanks not owned or

operated by GSA, to follow these

requirements and to be responsible for

the cost of compliance.

(g) Fire prevention and fire protection

engineering. Federal agencies must

follow accepted fire prevention

practices in operating and managing

buildings. Federally owned buildings

are generally exempt from State and

local code requirements in fire

protection. Leased buildings are subject

to local requirements and inspection.

(1) GSA must identify and estimate

risks and appropriate reduction

strategies for each Federal agency’s

building.

(2) Federal agencies must use the

National Fire Protection Association

(NFPA) codes and standards as a guide

for its building operations.

(h) Facility assessments. GSA must

evaluate facilities to ensure compliance

with GSA’s Safety and Environmental

program. These evaluations must be

conducted in accordance with

schedules that are compatible with

repair and alteration and leasing

operations.

(i) Risk reduction. GSA must manage

the execution of risk reduction projects.

GSA regions, or Central Office, if
42456 Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules

requested, must determine appropriate

action for identifying hazards, initiating

corrections, conducting follow-up, and

documenting actions.

(j) Incident investigation. Federal

agencies must investigate all incidents

regardless of severity, e.g., fires,

accidents, injuries, and environmental

incidents. Boards of Investigation must

be formed, with GSA representation, for

incidents resulting in serious injury,

death, or significant property losses.

(k) Communication. Federal agencies

must inform occupant Federal agencies

of the condition and management of

their facility safety and environment.

(l) Prevention. Federal agencies must

ensure that fire and accident prevention,

and environmental prevention promotes

clean, safe, useful, and properly

maintained and preserved facilities.

These activities will promote accident

and fire prevention, and environmental

practices among GSA staff, contractors,

occupant agencies, and others, as

appropriate.

§ 101–16.1003 Federal construction and

lease construction projects.

GSA must ensure that required

environmental issues are assessed

throughout planning and project

development. This will ensure that the

environmental impacts of a project will

be considered during the decisionmaking process.

Subpart 101–16.11—Security

§ 101–16.1100 Basic policy.

Federal agencies must provide for the

security and protection of federally

owned or controlled real estate,

including the protection of persons and

property.

(a) Federal agencies must, where

feasible, upgrade and maintain security

standards in each federally owned

facility to the minimum standards

specified in the June 28, 1995,

Presidential Policy Memorandum for

Executive Departments and Agencies,

entitled, ‘‘Upgrading Security at Federal

Facilities.’’

(b) GSA must establish Building

Security Committees composed of

representatives from each Federal

agency at GSA controlled facilities.

§ 101–16.1101 Program-specific authority.

Including, but not limited to, the

Protection of Public Property Act.

§ 101–16.1102 Law enforcement.

Federal agencies must manage,

administer, and operate law

enforcement functions to support their

mission to protect real property assets,

as well as occupants and visitors to

federally owned or controlled facilities.

§ 101–16.1103 Security services.

Federal agencies must provide

security services, including physical

security, contract guard administration,

training, and security systems. The

security services include the following:

(a) Physical security. GSA must

determine the specific type of security

and physical protection for each

building, facility, or space under its

custody and control, including

standards for the location and special

security needs of day care centers.

(b) Contract guard administration.

Federal agencies must allow contract

guards to work in federally owned or

controlled facilities only under direct

supervision prior to obtaining the

appropriate background investigations.

Federal agencies must administer guard

contracts and monitor and inspect

contract guard personnel on a recurring

basis.

(c) Training. Federal agencies must

ensure the management, development,

and implementation of mission related

training for its special police officers.

(1) Federal agencies must ensure that

security training takes into account the

possibility of the threat of terrorism,

terrorist attacks, or other acts of violence

at federally controlled facilities.

(2) Federal agencies must ensure that

the level of training received by contract

guards meets or exceeds the Federal

Protective Service (FPS) contract guard

standards. These standards include 80

hours of classroom training on security

related topics, First-Aid/CPR training/

certification, and firearms training.

Contract guard responsibilities include

controlling building access at fixed

positions, providing initial security

screens, operating screening equipment,

providing a patrol presence, and

reporting incidents. The level of training

required by FPS Police Officers include

8 weeks of law enforcement and

security training at the Federal Law

Enforcement Training Center (FLETC),

chemical spray training, expandable

baton training, 40 hours of in-service

training on law enforcement topics on

an annual basis, First-Aid/CPR training/

certification, and 80 hours of refresher

training at FLETC every 3 years. FPS

Police Officer responsibilities include

detaining suspects, arrest, investigating

incidents, providing a patrol presence,

responding to calls, monitoring guards,

educating tenants, and performing

safety and crime prevention activities.

(d) Security systems. GSA must

maintain communication control

centers to protect Federal workers and

visitors and to safeguard facilities

against criminal activity. GSA must

maintain a physical security data base of

all Federal office buildings.

Subpart 101–16.12—Public Utilities

§ 101–16.1200 Basic policy.

Federal agencies must provide

services that ensure and promote

economy and efficiency in the

procurement of public utility services.

§ 101–16.1201 Program-specific authority.

Including, but not limited to, the

Federal Power Act of 1920, as amended;

Public Utility Holding Company Act of

1935, as amended; Clean Air Act of

1963, as amended; National

Environmental Policy Act of 1969;

Natural Gas Policy Act of 1978, as

amended; Public Utility Regulatory

Policy Act of 1978, as amended; The

Small Business Act (SBA), as amended

by Pub. L. 95–507; Powerplant and

Industrial Fuel Use Act of 1978, as

amended; Energy Policy Act of 1992, as

amended; Executive Order 12902,

entitled ‘‘Energy Efficiency and Water

Conservation at Federal Facilities’’; and

‘‘Federal Energy Regulatory Commission

and Environmental Protection Agency’’

rulings.

§ 101–16.1202 Public utilities services.

Federal agencies must provide rate

intervention and utility contracting

services for public utilities. GSA must

provide technical assistance services for

public utilities. The public utility

services include the following:

(a) Rate intervention. Federal agencies

must provide for representation in

proceedings involving public utilities

before Federal and state regulatory

bodies.

(b) Utility contracts. Federal agencies

must provide for the procurement of

utility services (such as commodities

and utility rebate programs), as

required, and must procure from

sources of supply that are the most

advantageous to the Federal

Government in terms of economy,

efficiency, reliability, or quality of

service.

(c) Technical assistance services. GSA

must make available technical

assistance or acquisition information on

public utilities to other Federal

agencies, mixed ownership Federal

Government corporations, and the

District of Columbia.

Dated: July 31, 1997.

David L. Bibb,

Acting Associate Administrator for

Governmentwide Policy.

[FR Doc. 97–20650 Filed 8–6–97; 8:45 am]

BILLING CODE 6820–23–P