[Federal Register Volume 70, Number 215 (Tuesday, November 8, 2005)]
[Rules and Regulations]
[Pages 67786-67860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21644]



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Part II





General Services Administration





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41 CFR Parts 102-71, 102-72, et al;



Federal Management Regulation; Real Property Policies Update; Final 
Rule

Federal Register / Vol. 70, No. 215 / Tuesday, November 8, 2005 / 
Rules and Regulations

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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 102-71, 102-72, 102-73, 102-74, 102-75, 102-76, 102-
77, 102-78, 102-79, 102-80, 102-81, 102-82, and 102-83

[FMR Amendment 2005-03; FMR Case 2005-102-8]
RIN 3090-AI17


Federal Management Regulation; Real Property Policies Update

AGENCY: Office of Governmentwide Policy, General Services 
Administration (GSA).

ACTION: Final rule.

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SUMMARY: The General Services Administration is amending the Federal 
Management Regulation (FMR) to update the legal citations to conform to 
Public Law 107-217 and to incorporate additional policy guidance. 
Public Law 107-217, which was enacted on August 21, 2002, revised, 
restated, and recodified, without substantive change, certain laws 
related to public buildings, property, and works in Title 40 of the 
United States Code. Accordingly, this final rule cancels and replaces 
in its entirety FMR Amendment C-1 issued December 13, 2002. In addition 
to updating the legal citations, this final rule implements new 
accessibility standards for Federal facilities and provides additional 
real property policy coverage on the integrated workplace, sustainable 
development, outleasing, telework, siting antennas on Federal property, 
seismic safety, screening of excess real property, and the National 
Environmental Policy Act of 1969 (NEPA), as amended. The FMR and any 
corresponding documents may be accessed at GSA's Web site at http://www.gsa.gov/fmr.

DATES: Effective Date: November 8, 2005.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035, 
GS Building, Washington, DC, 20405, (202) 208-7312, for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Stanley C. Langfeld, Director, Regulations 
Management Division, Office of Governmentwide Policy, General Services 
Administration, at (202) 501-1737, or by e-mail at 
<a href="/cdn-cgi/l/email-protection#144760757a78716d3a78757a7372717870547367753a737b62"><span class="__cf_email__" data-cfemail="67341306090b021e490b06090001020b032700140649000811">[email protected]</span></a>. Please cite FMR case 2005-102-8, Amendment 
2005-03.

SUPPLEMENTARY INFORMATION:

A. Background

    As part of GSA's regulatory improvement initiative, GSA published a 
final rule that created FMR parts 102-71 through 102-82 (41 CFR parts 
102-71 through 102-82), entitled ``Real Property Policies,'' in the 
Federal Register on January 18, 2001 (66 FR 5358). On December 13, 
2002, GSA published FMR Amendment C-1 as a final rule in the Federal 
Register (67 FR 76820), which completed the transfer of coverage on 
real property policies from the Federal Property Management Regulation 
(FPMR) to the FMR and created a separate part, FMR Part 102-83, to deal 
specifically with updated policy concerning the location of space. 
Also, on December 13, 2002, GSA published FPMR Amendment D-99 as a 
final rule in the Federal Register (67 FR 76882), which removed all 
real property policy coverage from the FPMR and provided cross-
references that directs readers to the coverage in the FMR.

B. Executive Order 12866

    The General Services Administration (GSA) has determined that this 
final rule is not a significant regulatory action for the purposes of 
Executive Order 12866.

C. Regulatory Flexibility Act

    This final rule is not required to be published in the Federal 
Register for comment. Therefore, the Regulatory Flexibility Act does 
not apply.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FMR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501 et seq.

E. Small Business Regulatory Enforcement Fairness Act

    This final rule is exempt from Congressional review under 5 U.S.C. 
801 since it relates solely to agency management and personnel.

List of Subjects in 41 CFR Parts 102-71, 102-72, 102-73, 102-74, 
102-75, 102-76, 102-77, 102-78, 102-79, 102-80, 102-81, 102-82, and 
102-83

    Administrative practice and procedure, Blind, Concessions, Federal 
buildings and facilities, Fire prevention, Government property 
management, Homeless, Individuals with disabilities, Location of space, 
Occupational safety and health, Parking, Real property acquisition, 
Security measures, Surplus Government property, Utilities.

    Dated: August 24, 2005.
Stephen A. Perry,
Administrator of General Services.

0
For the reasons set forth in the preamble, GSA amends 41 CFR chapter 
102 as set forth below:

0
1. Revise part 102-71 to read as follows:

CHAPTER 102--FEDERAL MANAGEMENT REGULATION

SUBCHAPTER C--REAL PROPERTY

PART 102-71--GENERAL

Sec.
102-71.5 What is the scope and philosophy of the General Services 
Administration's (GSA) real property policies?
102-71.10 How are these policies organized?
102-71.15 [Reserved]
102-71.20 What definitions apply to GSA's real property policies?
102-71.25 Who must comply with GSA's real property policies?
102-71.30 How must these real property policies be implemented?
102-71.35 Are agencies allowed to deviate from GSA's real property 
policies?

    Authority:  40 U.S.C. 121(c).


Sec.  102-71.5  What is the scope and philosophy of the General 
Services Administration's (GSA) real property policies?

    GSA's real property policies contained in this part and parts 102-
72 through 102-82 of this chapter apply to Federal agencies, including 
GSA's Public Buildings Service (PBS), operating under, or subject to, 
the authorities of the Administrator of General Services. These 
policies cover the acquisition, management, utilization, and disposal 
of real property by Federal agencies that initiate and have decision-
making authority over actions for real property services. The detailed 
guidance implementing these policies is contained in separate customer 
service guides.


Sec.  102-71.10  How are these policies organized?

    GSA has divided its real property policies into the following 
functional areas:
    (a) Delegation of authority.
    (b) Real estate acquisition.
    (c) Facility management.
    (d) Real property disposal.
    (e) Design and construction.
    (f) Art-in-architecture.
    (g) Historic preservation.
    (h) Assignment and utilization of space.
    (i) Safety and environmental management.
    (j) Security.

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    (k) Utility services.
    (l) Location of space.


Sec.  102-71.15  [Reserved]


Sec.  102-71.20  What definitions apply to GSA's real property 
policies?

    The following definitions apply to GSA's real property policies:
    Airport means any area of land or water that is used, or intended 
for use, for the landing and takeoff of aircraft, and any appurtenant 
areas that are used, or intended for use, for airport buildings or 
other airport facilities or rights-of-way, together with all airport 
buildings and facilities located thereon.
    Alteration means remodeling, improving, extending, or making other 
changes to a facility, exclusive of maintenance repairs that are 
preventive in nature. The term includes planning, engineering, 
architectural work, and other similar actions.
    Carpool means a group of two or more people regularly using a motor 
vehicle for transportation to and from work on a continuing basis.
    Commercial activities, within the meaning of subpart D, part 102-74 
of this chapter, are activities undertaken for the primary purpose of 
producing a profit for the benefit of an individual or organization 
organized for profit. (Activities where commercial aspects are 
incidental to the primary purpose of expression of ideas or advocacy of 
causes are not commercial activities for purposes of this part.)
    Cultural activities include, but are not limited to, films, 
dramatics, dances, musical presentations, and fine art exhibits, 
whether or not these activities are intended to make a profit.
    Decontamination means the complete removal or destruction by 
flashing of explosive powders; the neutralizing and cleaning-out of 
acid and corrosive materials; the removal, destruction, or neutralizing 
of toxic, hazardous or infectious substances; and the complete removal 
and destruction by burning or detonation of live ammunition from 
contaminated areas and buildings.
    Designated Official is the highest ranking official of the primary 
occupant agency of a Federal facility, or, alternatively, a designee 
selected by mutual agreement of occupant agency officials.
    Disabled employee means an employee who has a severe, permanent 
impairment that for all practical purposes precludes the use of public 
transportation, or an employee who is unable to operate a car as a 
result of permanent impairment who is driven to work by another. 
Priority may require certification by an agency medical unit, including 
the Department of Veterans Affairs or the Public Health Service.
    Disposal agency means the Executive agency designated by the 
Administrator of General Services to dispose of surplus real or 
personal property.
    Educational activities mean activities such as (but not limited to) 
the operation of schools, libraries, day care centers, laboratories, 
and lecture or demonstration facilities.
    Emergency includes bombings and bomb threats, civil disturbances, 
fires, explosions, electrical failures, loss of water pressure, 
chemical and gas leaks, medical emergencies, hurricanes, tornadoes, 
floods, and earthquakes. The term does not apply to civil defense 
matters such as potential or actual enemy attacks that are addressed by 
the U.S. Department of Homeland Security.
    Executive means a Government employee with management 
responsibilities who, in the judgment of the employing agency head or 
his/her designee, requires preferential assignment of parking 
privileges.
    Executive agency means an Executive department specified in section 
101 of title 5; a military department specified in section 102 of such 
title; an independent establishment as defined in section 104(1) of 
such title; and a wholly owned Government corporation fully subject to 
the provisions of chapter 91 of title 31.
    Federal agency means 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 or her direction).
    Federal agency buildings manager means the buildings manager 
employed by GSA or a Federal agency that has been delegated real 
property management and operation authority from GSA.
    Federal Government real property services provider means any 
Federal Government entity operating under, or subject to, the 
authorities of the Administrator of General Services that provides real 
property services to Federal agencies. This definition also includes 
private sector firms under contract with Federal agencies that deliver 
real property services to Federal agencies. This definition excludes 
any entity operating under, or subject to, authorities other than those 
of the Administrator of General Services.
    Flame-resistant means meeting performance standards as described by 
the National Fire Protection Association (NFPA Standard No. 701). 
Fabrics labeled with the Underwriters Laboratories Inc., classification 
marking for flammability are deemed to be flame resistant for purposes 
of this part.
    Foot-candle is the illumination on a surface one square foot in 
area on which there is a uniformly distributed flux of one lumen, or 
the illuminance produced on a surface all points of which are at a 
distance of one foot from a directionally uniform point source of one 
candela.
    GSA means the U.S. General Services Administration, acting by or 
through the Administrator of General Services, or a designated official 
to whom functions under this part have been delegated by the 
Administrator of General Services.
    Highest and best use means the most likely use to which a property 
can be put, which will produce the highest monetary return from the 
property, promote its maximum value, or serve a public or institutional 
purpose. The highest and best use determination must be based on the 
property's economic potential, qualitative values (social and 
environmental) inherent in the property itself, and other utilization 
factors controlling or directly affecting land use (e.g., zoning, 
physical characteristics, private and public uses in the vicinity, 
neighboring improvements, utility services, access, roads, location, 
and environmental and historical considerations). Projected highest and 
best use should not be remote, speculative, or conjectural.
    Indefinite quantity contract (commonly referred to as term 
contract) provides for the furnishing of an indefinite quantity, within 
stated limits, of specific property or services during a specified 
contract period, with deliveries to be scheduled by the timely 
placement of orders with the contractor by activities designated either 
specifically or by class.
    Industrial property means any real property and related personal 
property that has been used or that is suitable to be used for 
manufacturing, fabricating, or processing of products; mining 
operations; construction or repair of ships and other waterborne 
carriers; power transmission facilities; railroad facilities; and 
pipeline facilities for transporting petroleum or gas.
    Landholding agency means the Federal agency that has accountability 
for the property involved. For the purposes of this definition, 
accountability means that the Federal agency reports the real property 
on its financial statements and inventory records.
    Landing area means any land or combination of water and land, 
together with improvements thereon and necessary operational equipment 
used in connection therewith, which is used

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for landing, takeoff, and parking of aircraft. The term includes, but 
is not limited to, runways, strips, taxiways, and parking aprons.
    Life cycle cost is the total cost of owning, operating, and 
maintaining a building over its useful life, including its fuel and 
energy costs, determined on the basis of a systematic evaluation and 
comparison of alternative building systems; except that in the case of 
leased buildings, the life cycle cost shall be calculated over the 
effective remaining term of the lease.
    Limited combustible means rigid materials or assemblies that have 
fire hazard ratings not exceeding 25 for flame spread and 150 for smoke 
development when tested in accordance with the American Society for 
Testing and Materials, Test E 84, Surface Burning Characteristics of 
Building Materials.
    Maintenance, for the purposes of part 102-75, entitled ``Real 
Property Disposal,'' of this chapter, means the upkeep of property only 
to the extent necessary to offset serious deterioration; also such 
operation of utilities, including water supply and sewerage systems, 
heating, plumbing, and air-conditioning equipment, as may be necessary 
for fire protection, the needs of interim tenants, and personnel 
employed at the site, and the requirements for preserving certain types 
of equipment. For the purposes of part 102-74, entitled ``Facility 
Management,'' of this chapter, maintenance means preservation by 
inspection, adjustment, lubrication, cleaning, and the making of minor 
repairs. Ordinary maintenance means routine recurring work that is 
incidental to everyday operations; preventive maintenance means work 
programmed at scheduled intervals.
    Management means the safeguarding of the Government's interest in 
property, in an efficient and economical manner consistent with the 
best business practices.
    Nationally recognized standards encompasses any standard or 
modification thereof that--
    (1) Has been adopted and promulgated by a nationally recognized 
standards-producing organization under procedures whereby those 
interested and affected by it have reached substantial agreement on its 
adoption; or
    (2) Was formulated through consultation by appropriate Federal 
agencies in a manner that afforded an opportunity for diverse views to 
be considered.
    No commercial value means real property, including related personal 
property, which has no reasonable prospect of producing any disposal 
revenues.
    Nonprofit organization means an organization identified in 26 
U.S.C. 501(c).
    Normally furnished commercially means consistent with the level of 
services provided by a commercial building operator for space of 
comparable quality and housing tenants with comparable requirements. 
Service levels are based on the effort required to service space for a 
five-day week, one eight-hour shift schedule.
    Occupancy Emergency Organization means the emergency response 
organization comprised of employees of Federal agencies designated to 
perform the requirements established by the Occupant Emergency Plan.
    Occupant agency means an organization that is assigned space in a 
facility under GSA's custody and control.
    Occupant Emergency Plan means procedures developed to protect life 
and property in a specific federally occupied space under stipulated 
emergency conditions.
    Occupant Emergency Program means a short-term emergency response 
program. It establishes procedures for safeguarding lives and property 
during emergencies in particular facilities.
    Postal vehicle means a Government-owned vehicle used for the 
transportation of mail, or a privately owned vehicle used under 
contract with the U.S. Postal Service for the transportation of mail.
    Protection means the provisions of adequate measures for prevention 
and extinguishment of fires, special inspections to determine and 
eliminate fire and other hazards, and necessary guards to protect 
property against thievery, vandalism, and unauthorized entry.
    Public area means any area of a building under the control and 
custody of GSA that is ordinarily open to members of the public, 
including lobbies, courtyards, auditoriums, meeting rooms, and other 
such areas not assigned to a lessee or occupant agency.
    Public body means any State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any 
political subdivision, agency, or instrumentality of the foregoing.
    Public building means:
    (1) Any building that is suitable for office and/or storage space 
for the use of one or more Federal agencies or mixed-ownership 
corporations, such as Federal office buildings, post offices, 
customhouses, courthouses, border inspection facilities, warehouses, 
and any such building designated by the President. It also includes 
buildings of this sort that are acquired by the Federal Government 
under the Administrator's installment-purchase, lease-purchase, and 
purchase-contract authorities.
    (2) Public building does not include buildings:
    (i) On the public domain.
    (ii) In foreign countries.
    (iii) On Indian and native Eskimo properties held in trust by the 
United States.
    (iv) On lands used in connection with Federal programs for 
agricultural, recreational, and conservation purposes.
    (v) On or used in connection with river, harbor, flood control, 
reclamation or power projects, or for chemical manufacturing or 
development projects, or for nuclear production, research, or 
development projects.
    (vi) On or used in connection with housing and residential 
projects.
    (vii) On military installations.
    (viii) On Department of Veterans Affairs installations used for 
hospital or domiciliary purposes.
    (ix) Excluded by the President.
    Real property means:
    (1) Any interest in land, together with the improvements, 
structures, and fixtures located thereon (including prefabricated 
movable structures, such as Butler-type storage warehouses and Quonset 
huts, and house trailers with or without undercarriages), and 
appurtenances thereto, under the control of any Federal agency, 
except--
    (i) The public domain;
    (ii) Lands reserved or dedicated for national forest or national 
park purposes;
    (iii) Minerals in lands or portions of lands withdrawn or reserved 
from the public domain that the Secretary of the Interior determines 
are suitable for disposition under the public land mining and mineral 
leasing laws;
    (iv) Lands withdrawn or reserved from the public domain but not 
including lands or portions of lands so withdrawn or reserved that the 
Secretary of the Interior, with the concurrence of the Administrator of 
General Services, determines are not suitable for return to the public 
domain for disposition under the general public land laws because such 
lands are substantially changed in character by improvements or 
otherwise; and
    (v) Crops when designated by such agency for disposition by 
severance and removal from the land.
    (2) Improvements of any kind, structures, and fixtures under the 
control of any Federal agency when designated by such agency for

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disposition without the underlying land (including such as may be 
located on the public domain, on lands withdrawn or reserved from the 
public domain, on lands reserved or dedicated for national forest or 
national park purposes, or on lands that are not owned by the United 
States) excluding, however, prefabricated movable structures, such as 
Butler-type storage warehouses and Quonset huts, and house trailers 
(with or without undercarriages).
    (3) Standing timber and embedded gravel, sand, or stone under the 
control of any Federal agency, whether designated by such agency for 
disposition with the land or by severance and removal from the land, 
excluding timber felled, and gravel, sand, or stone excavated by or for 
the Government prior to disposition.
    Recognized labor organization means a labor organization recognized 
under title VII of the Civil Service Reform Act of 1978 (Pub. L. 95-
454), as amended, governing labor-management relations.
    Recreational activities include, but are not limited to, the 
operations of gymnasiums and related facilities.
    Regional Officer, within the meaning of part 102-74, subpart D of 
this chapter, means the Federal official designated to supervise the 
implementation of the occasional use provisions of 40 U.S.C. 581(h)(2). 
The Federal official may be an employee of GSA or a Federal agency that 
has delegated authority from GSA to supervise the implementation of the 
occasional use provisions of 40 U.S.C. 581(h)(2).
    Related personal property means any personal property--
    (1) That is an integral part of real property or is related to, 
designed for, or specially adapted to the functional or productive 
capacity of the real property and the removal of which would 
significantly diminish the economic value of the real property 
(normally common use items, including but not limited to general-
purpose furniture, utensils, office machines, office supplies, or 
general-purpose vehicles, are not considered to be related personal 
property); or
    (2) That is determined by the Administrator of General Services to 
be related to the real property.
    Repairs means those additions or changes that are necessary for the 
protection and maintenance of property to deter or prevent excessive or 
rapid deterioration or obsolescence, and to restore property damaged by 
storm, flood, fire, accident, or earthquake.
    Ridesharing means the sharing of the commute to and from work by 
two or more people, on a continuing basis, regardless of their 
relationship to each other, in any mode of transportation, including, 
but not limited to, carpools, vanpools, buspools, and mass transit.
    State means the fifty States, political subdivisions thereof, the 
District of Columbia, the Commonwealths of Puerto Rico and Guam, and 
the territories and possessions of the United States.
    Unit price agreement provides for the furnishing of an indefinite 
quantity, within stated limits, of specific property or services at a 
specified price, during a specified contract period, with deliveries to 
be scheduled by the timely placement of orders upon the lessor by 
activities designated either specifically or by class.
    Unusual hours means work hours that are frequently required to be 
varied and do not coincide with any regular work schedule. This 
category includes time worked by individuals who regularly or 
frequently work significantly more than 8 hours per day. Unusual hours 
does not include time worked by shift workers, by those on alternate 
work schedules, and by those granted exceptions to the normal work 
schedule (e.g., flex-time).
    Upon approval from GSA means when an agency either has a delegation 
of authority document from the Administrator of General Services or 
written approval from the Administrator or his/her designee before 
proceeding with a specified action.
    Vanpool means a group of at least 8 persons using a passenger van 
or a commuter bus designed to carry 10 or more passengers. Such a 
vehicle must be used for transportation to and from work in a single 
daily round trip.
    Zonal allocations means the allocation of parking spaces on the 
basis of zones established by GSA in conjunction with occupant 
agencies. In metropolitan areas where this method is used, all agencies 
located in a designated zone will compete for available parking in 
accordance with instructions issued by GSA. In establishing this 
procedure, GSA will consult with all affected agencies.


Sec.  102-71.25  Who must comply with GSA's real property policies?

    Federal agencies operating under, or subject to, the authorities of 
the Administrator of General Services must comply with these policies.


Sec.  102-71.30  How must these real property policies be implemented?

    Each Federal Government real property services provider must 
provide services that are in accord with the policies presented in 
parts 102-71 through 102-82 of this chapter. Also, Federal agencies 
must make the provisions of any contract with private sector real 
property services providers conform to the policies in parts 102-71 
through 102-82 of this chapter.


Sec.  102-71.35  Are agencies allowed to deviate from GSA's real 
property policies?

    Yes, see Sec. Sec.  102-2.60 through 102-2.110 of this chapter to 
request a deviation from the requirements of these real property 
policies.

0
2. Revise part 102-72 to read as follows:

PART 102-72--DELEGATION OF AUTHORITY

Subpart A--General Provisions

Sec.
102-72.5 What is the scope of this part?
102-72.10 What basic policy governs delegation of authority to 
Federal agencies?
Subpart B--Delegation of Authority
102-72.15 What criteria must a delegation meet?
102-72.20 Are there limitations on this delegation of authority?
102-72.25 What are the different types of delegations of authority?
102-72.30 What are the different types of delegations related to 
real estate leasing?
102-72.35 What are the requirements for obtaining an Administrative 
Contracting Officer (ACO) delegation from GSA?
102-72.40 What are facility management delegations?
102-72.45 What are the different types of delegations related to 
facility management?
102-72.50 What are Executive agencies' responsibilities under a 
delegation of real property management and operation authority from 
GSA?
102-72.55 What are the requirements for obtaining a delegation of 
real property management and operation authority from GSA?
102-72.60 What are Executive agencies' responsibilities under a 
delegation of individual repair and alteration project authority 
from GSA?
102-72.65 What are the requirements for obtaining a delegation of 
individual repair and alteration project authority from GSA?
102-72.70 What are Executive agencies' responsibilities under a 
delegation of lease management authority (contracting officer 
representative authority) from GSA?
102-72.75 What are the requirements for obtaining a delegation of 
lease management authority (contracting officer representative 
authority) from GSA?
102-72.80 What are Executive agencies' responsibilities under a 
disposal of real property delegation of authority from GSA?
102-72.85 What are the requirements for obtaining a disposal of real 
property delegation of authority from GSA?


[[Page 67790]]

102-72.90 What are Executive agencies' responsibilities under a 
security delegation of authority from GSA?
102-72.95 What are the requirements for obtaining a security 
delegation of authority from GSA?
102-72.100 What are Executive agencies' responsibilities under a 
utility service delegation of authority from GSA?
102-72.105 What are the requirements for obtaining a utility 
services delegation of authority from GSA?

    Authority: 40 U.S.C. 121(c), (d) and (e).

Subpart A--General Provisions


Sec.  102-72.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.


Sec.  102-72.10  What basic policy governs delegation of authority to 
Federal agencies?

    The Administrator of General Services may delegate and may 
authorize successive redelegations of the real property authority 
vested in the Administrator to any Federal agency.

Subpart B--Delegation of Authority


Sec.  102-72.15  What criteria must a delegation meet?

    Delegations must be in the Government's best interest, which means 
that GSA must evaluate such factors as whether a delegation would be 
cost effective for the Government in the delivery of space.


Sec.  102-72.20  Are there limitations on this delegation of authority?

    Federal agencies must exercise delegated real property authority 
and functions according to the parameters described in each delegation 
of authority document, and Federal agencies may only exercise the 
authority of the Administrator that is specifically provided within the 
delegation of authority document.


Sec.  102-72.25  What are the different types of delegations of 
authority?

    The basic types of GSA Delegations of Authority are--
    (a) Delegation of Leasing Authority;
    (b) Delegation of Real Property Management and Operation Authority;
    (c) Delegation of Individual Repair and Alteration Project 
Authority;
    (d) Delegation of Lease Management Authority (Contracting Office 
Representative Authority);
    (e) Delegation of Administrative Contracting Officer (ACO) 
Authority;
    (f) Delegation of Real Property Disposal Authority;
    (g) Security Delegation of Authority; and
    (h) Utility Services Delegation of Authority.


Sec.  102-72.30  What are the different types of delegations related to 
real estate leasing?

    Delegations related to real estate leasing include the following:
    (a) Categorical space delegations and agency special purpose space 
delegations (see Sec.  102-73.140 of this title).
    (b) The Administrator of General Services has issued a standing 
delegation of authority (under a program known as ``Can't Beat GSA 
Leasing'') 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 and below prospectus level requirements, regardless of 
geographic location. This delegation includes some conditions Federal 
agencies must meet when conducting the procurement themselves, such as 
training in lease contracting and reporting data to GSA.
    (c) An ACO delegation, in addition to lease management authority, 
provides Federal agencies with 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 space under lease.


Sec.  102-72.35  What are the requirements for obtaining an 
Administrative Contracting Officer (ACO) delegation from GSA?

    When Federal agencies do not exercise the delegation of authority 
for general purpose space mentioned in Sec.  102-72.30(b) of this part, 
GSA may consider granting an ACO delegation when Federal agencies--
    (a) Occupy at least 90 percent of the building's GSA-controlled 
space, or Federal agencies have the written concurrence of 100 percent 
of rent-paying occupants covered under the lease; and
    (b) Have the technical capability to perform the leasing function.


Sec.  102-72.40  What are facility management delegations?

    Facility management delegations give Executive agencies authority 
to operate and manage buildings day to day, to perform individual 
repair and alteration projects, and manage real property leases.


Sec.  102-72.45  What are the different types of delegations related to 
facility management?

    The principal types of delegations involved in the management of 
facilities are--
    (a) Real property management and operation authority;
    (b) Individual repair and alteration project authority; and
    (c) Lease management authority (contracting officer representative 
authority).


Sec.  102-72.50  What are Executive agencies' responsibilities under a 
delegation of real property management and operation authority from 
GSA?

    With this delegation, Executive agencies have the authority to 
operate and manage buildings day to day. Delegated functions may 
include building operations, maintenance, recurring repairs, minor 
alterations, historic preservation, concessions, and energy management 
of specified buildings subject to the conditions in the delegation 
document.


Sec.  102-72.55  What are the requirements for obtaining a delegation 
of real property management and operation authority from GSA?

    An Executive agency may be delegated real property management and 
operation authority when it--
    (a) Occupies at least 90 percent of the space in the Government-
controlled facility, or has the concurrence of 100 percent of the rent-
paying occupants to perform these functions; and
    (b) Demonstrates that it can perform the delegated real property 
management and operation responsibilities.


Sec.  102-72.60  What are Executive agencies' responsibilities under a 
delegation of individual repair and alteration project authority from 
GSA?

    With this delegation of authority, Executive agencies have the 
responsibility to perform individual repair and alterations projects. 
Executive agencies are delegated repair and alterations authority for 
reimbursable space alteration projects up to the simplified acquisition 
threshold, as specified in the GSA Customer Guide to Real Property.


Sec.  102-72.65  What are the requirements for obtaining a delegation 
of individual repair and alteration project authority from GSA?

    Executive agencies may be delegated repair and alterations 
authority for other individual alteration projects when they 
demonstrate the ability to perform the delegated repair and alterations 
responsibilities and when such a delegation promotes efficiency and 
economy.

[[Page 67791]]

Sec.  102-72.70  What are Executive agencies' responsibilities under a 
delegation of lease management authority (contracting officer 
representative authority) from GSA?

    When an Executive agency does not exercise the delegation of 
authority mentioned in Sec.  102-72.30(b) to lease general purpose 
space itself, it may be delegated, upon request, lease management 
authority to manage the administration of one or more lease contracts 
awarded by GSA.


Sec.  102-72.75  What are the requirements for obtaining a delegation 
of lease management authority (contracting officer representative 
authority) from GSA?

    An Executive agency may be delegated lease management authority 
when it--
    (a) Occupies at least 90 percent of the building's GSA-controlled 
space or has the written concurrence of 100 percent of rent-paying 
occupants covered under the lease to perform this function; and
    (b) Demonstrates the ability to perform the delegated lease 
management responsibilities.


Sec.  102-72.80  What are Executive agencies' responsibilities under a 
disposal of real property delegation of authority from GSA?

    With this delegation, Executive agencies have the authority to 
utilize and dispose of excess or surplus real and related personal 
property and to grant approvals and make determinations, subject to the 
conditions in the delegation document.


Sec.  102-72.85  What are the requirements for obtaining a disposal of 
real property delegation of authority from GSA?

    While disposal delegations to Executive agencies are infrequent, 
GSA may delegate authority to them based on situations involving 
certain low-value properties and when they can demonstrate that they 
have the technical expertise to perform the disposition functions. GSA 
may grant special delegations of authority to Executive agencies for 
the utilization and disposal of certain real property through the 
procedures set forth in part 102-75, subpart F of this chapter.


Sec.  102-72.90  What are Executive agencies' responsibilities under a 
security delegation of authority from GSA?

    Law enforcement and related security functions were transferred to 
the Department of Homeland Security upon its establishment in 2002. The 
Homeland Security Act authorizes the Secretary of Homeland Security, in 
consultation with the Administrator of General Services, to issue 
regulations necessary for the protection and administration of property 
owned or occupied by the Federal Government and persons on the 
property. Notwithstanding the foregoing, GSA retained all powers, 
functions and authorities necessary for the operation, maintenance, and 
protection of buildings and grounds owned and occupied by the Federal 
Government and under the jurisdiction, custody, or control of GSA.


Sec.  102-72.95  What are the requirements for obtaining a security 
delegation of authority from GSA?

    An Executive agency may request a security delegation from GSA by 
submitting a written request with the detailed basis for the requested 
delegation to the Assistant Regional Administrator, PBS, in the region 
where the building is located. A request for multiple buildings in 
multiple regions should be directed to the Commissioner of PBS. The 
delegation may be granted where the requesting agency demonstrates a 
compelling need for the delegated authority and the delegation is not 
inconsistent with the authorities of any other law enforcement agency.


Sec.  102-72.100  What are Executive agencies' responsibilities under a 
utility service delegation of authority from GSA?

    With this delegation, Executive agencies have the authority to 
negotiate and execute utility services contracts for periods over one 
year but not exceeding ten years for their use and benefit. Agencies 
also have the authority to intervene in utility rate proceedings to 
represent the consumer interests of the Federal Government, if so 
provided in the delegation of authority.


Sec.  102-72.105  What are the requirements for obtaining a utility 
services delegation of authority from GSA?

    Executive agencies may be delegated utility services authority when 
they have the technical expertise and adequate staffing.

0
3. Revise part 102-73 to read as follows:

PART 102-73--REAL ESTATE ACQUISITION

Subpart A--General Provisions
Sec.
102-73.5 What is the scope of this part?
102-73.10 What is the basic real estate acquisition policy?
102-73.15 What real estate acquisition and related services may 
Federal agencies provide?

United States Postal Service-Controlled Space

102-73.20 Are Federal agencies required to give priority 
consideration to space in buildings under the custody and control of 
the United States Postal Service in fulfilling Federal agency space 
needs?

Locating Federal Facilities

102-73.25 What policies must Executive agencies comply with in 
locating Federal facilities?

Historic Preservation

102-73.30 What historic preservation provisions must Federal 
agencies comply with prior to acquiring, constructing, or leasing 
space?

Prospectus Requirements

102-73.35 Is a prospectus required for all acquisition, 
construction, or alteration projects?
102-73.40 What happens if the dollar value of the project exceeds 
the prospectus threshold?
Subpart B--Acquisition by Lease
102-73.45 When may Federal agencies consider leases of privately 
owned land and buildings to satisfy their space needs?
102-73.50 Are Federal agencies that possess independent statutory 
authority to acquire leased space subject to requirements of this 
part?
102-73.55 On what basis must Federal agencies acquire leases?
102-73.60 With whom may Federal agencies enter into lease 
agreements?
102-73.65 Are there any limitations on leasing certain types of 
space?
102-73.70 Are Executive agencies required to acquire leased space by 
negotiation?
102-73.75 What functions must Federal agencies perform with regard 
to leasing building space?
102-73.80 Who is authorized to contact lessors, offerors, or 
potential offerors concerning space leased or to be leased?
102-73.85 Can agencies with independent statutory authority to lease 
space have GSA perform the leasing functions?
102-73.90 What contingent fee policy must Federal agencies apply to 
the acquisition of real property by lease?
102-73.95 How are Federal agencies required to assist GSA?

Competition in Contracting Act of 1984

102-73.100 Is the Competition in Contracting Act of 1984, as amended 
(CICA), applicable to lease acquisition?

National Environmental Policy Act of 1969 (NEPA)

102-73.105 What policies must Federal agencies follow to implement 
the requirements of NEPA when acquiring real property by lease?

Lease Construction

102-73.110 What rules must Executive agencies follow when acquiring 
leasehold interests in buildings constructed for Federal Government 
use?

Price Preference for Historic Properties

102-73.115 Must Federal agencies offer a price preference to space 
in historic properties when acquiring leased space?
102-73.120 How much of a price preference must Federal agencies give 
when acquiring leased space using the lowest

[[Page 67792]]

price technically acceptable source selection process?
102-73.125 How much of a price preference must Federal agencies give 
when acquiring leased space using the best value tradeoff source 
selection process?

Leases With Purchase Options

102-73.130 When may Federal agencies consider acquiring leases with 
purchase options?

Scoring Rules

102-73.135 What scoring rules must Federal agencies follow when 
considering leases and leases with purchase options?

Delegations of Leasing Authority

102-73.140 When may agencies that do not possess independent leasing 
authority lease space?

Categorical Space Delegations

102-73.145 What is a categorical space delegation?
102-73.150 What is the policy for categorical space delegations?
102-73.155 What types of space can Federal agencies acquire with a 
categorical space delegation?

Special Purpose Space Delegations

102-73.160 What is an agency special purpose space delegation?
102-73.165 What is the policy for agency special purpose space 
delegations?
102-73.170 What types of special purpose space may the Department of 
Agriculture lease?
102-73.175 What types of special purpose space may the Department of 
Commerce lease?
102-73.180 What types of special purpose space may the Department of 
Defense lease?
102-73.185 What types of special purpose space may the Department of 
Energy lease?
102-73.190 What types of special purpose space may the Federal 
Communications Commission lease?
102-73.195 What types of special purpose space may the Department of 
Health and Human Services lease?
102-73.196 What types of special purpose space may the Department of 
Homeland Security lease?
102-73.200 What types of special purpose space may the Department of 
the Interior lease?
102-73.205 What types of special purpose space may the Department of 
Justice lease?
102-73.210 What types of special purpose space may the Office of 
Thrift Supervision lease?
102-73.215 What types of special purpose space may the Department of 
Transportation lease?
102-73.220 What types of special purpose space may the Department of 
the Treasury lease?
102-73.225 What types of special purpose space may the Department of 
Veterans Affairs lease?

Limitations on the Use of Delegated Authority

102-73.230 When must Federal agencies submit a prospectus to lease 
real property?
102-73.235 What is the maximum lease term that a Federal agency may 
agree to when it has been delegated lease acquisition authority from 
GSA?
102-73.240 What policy must Federal agencies follow to acquire 
official parking spaces?
Subpart C--Acquisition by Purchase or Condemnation

Buildings

102-73.245 When may Federal agencies consider purchase of buildings?
102-73.250 Are agencies required to adhere to the policies for 
locating Federal facilities when purchasing buildings?
102-73.255 What factors must Executive agencies consider when 
purchasing sites?

Land

102-73.260 What land acquisition policy must Federal agencies 
follow?
102-73.265 What actions must Federal agencies take to facilitate 
land acquisition?

Just Compensation

102-73.270 Are Federal agencies required to provide the owner with a 
written statement of the amount established as just compensation?
102-73.275 What specific information must be included in the summary 
statement for the owner that explains the basis for just 
compensation?
102-73.280 Where can Federal agencies find guidance on how to 
appraise the value of properties being acquired by the Federal 
Government?
102-73.285 [Reserved]
102-73.290 Are there any prohibitions when a Federal agency pays 
``just compensation'' to a tenant?

Expenses Incidental to Property Transfer

102-73.295 What property transfer expenses must Federal agencies 
cover when acquiring real property?

Litigation Expenses

102-73.300 Are Federal agencies required to pay for litigation 
expenses incurred by a property owner because of a condemnation 
proceeding?

Relocation Assistance Policy

102-73.305 What relocation assistance policy must Federal agencies 
follow?

    Authority: 40 U.S.C. 121(c); Sec. 3(c), Reorganization Plan No. 
18 of 1950 (40 U.S.C. 301 note); Sec. 1-201(b), E.O. 12072, 43 FR 
36869, 3 CFR, 1978 Comp., p. 213.

Subpart A--General Provisions


Sec.  102-73.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.


Sec.  102-73.10  What is the basic real estate acquisition policy?

    When seeking to acquire space, Federal agencies should first seek 
space in Government-owned and Government-leased buildings. If suitable 
Government-controlled space is unavailable, Federal agencies must 
acquire real estate and related services in an efficient and cost 
effective manner.


Sec.  102-73.15  What real estate acquisition and related services may 
Federal agencies provide?

    Federal agencies, upon approval from GSA, may provide real estate 
acquisition and related services, including leasing (with or without 
purchase options), building and/or site purchase, condemnation, and 
relocation assistance. For information on the design and construction 
of Federal facilities, see part 102-76 of this chapter.

United States Postal Service-Controlled Space


Sec.  102-73.20  Are Federal agencies required to give priority 
consideration to space in buildings under the custody and control of 
the United States Postal Service in fulfilling Federal agency space 
needs?

    Yes, after considering the availability of GSA-controlled space and 
determining that no such space is available to meet its needs, Federal 
agencies must extend priority consideration to available space in 
buildings under the custody and control of the United States Postal 
Service (USPS) in fulfilling Federal agency space needs, as specified 
in the ``Agreement Between General Services Administration and the 
United States Postal Service Covering Real and Personal Property 
Relationships and Associated Services,'' dated July 1985.

Locating Federal Facilities


Sec.  102-73.25  What policies must Executive agencies comply with in 
locating Federal facilities?

    Executive agencies must comply with the location policies in this 
part and part 102-83 of this chapter.

Historic Preservation


Sec.  102-73.30  What historic preservation provisions must Federal 
agencies comply with prior to acquiring, constructing, or leasing 
space?

    Prior to acquiring, constructing, or leasing space, Federal 
agencies must comply with the provisions of section

[[Page 67793]]

110(a) of the National Historic Preservation Act of 1966, as amended 
(16 U.S.C. 470h-2(a)), regarding the use of historic properties. 
Federal agencies can find guidance on protecting, enhancing, and 
preserving historic and cultural property in part 102-78 of this 
chapter.

Prospectus Requirements


Sec.  102-73.35  Is a prospectus required for all acquisition, 
construction, or alteration projects?

    No, a prospectus is not required if the dollar value of a project 
does not exceed the prospectus threshold. 40 U.S.C. 3307 establishes a 
prospectus threshold, applicable to Federal agencies operating under, 
or subject to, the authorities 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. 
The current prospectus threshold value for each fiscal year can be 
accessed by entering GSA's Web site at http://www.gsa.gov and then 
inserting ``prospectus thresholds'' in the search mechanism in the 
upper right-hand corner of the page.


Sec.  102-73.40  What happens if the dollar value of the project 
exceeds the prospectus threshold?

    Projects require approval by the Senate and the House of 
Representatives if the dollar value of a project exceeds the prospectus 
threshold. To obtain this approval, the Administrator of General 
Services will transmit the proposed prospectuses to Congress for 
consideration by the Senate and the House of Representatives. 
Furthermore, as indicated in Sec.  102-72.30(b), the general purpose 
lease delegation authority is restricted to below the prospectus 
threshold, and therefore, GSA must conduct all lease acquisitions over 
the threshold.

Subpart B--Acquisition by Lease


Sec.  102-73.45  When may Federal agencies consider leases of privately 
owned land and buildings to satisfy their space needs?

    Federal agencies may consider leases of privately owned land and 
buildings only when needs cannot be met satisfactorily in Government-
controlled space and one or more of the following conditions exist:
    (a) Leasing is more advantageous to the Government than 
constructing a new building, or more advantageous than altering an 
existing Federal building.
    (b) New construction or alteration is unwarranted because demand 
for space in the community is insufficient, or is indefinite in scope 
or duration.
    (c) Federal agencies cannot provide for the completion of a new 
building within a reasonable time.


Sec.  102-73.50  Are Federal agencies that possess independent 
statutory authority to acquire leased space subject to requirements of 
this part?

    No, Federal agencies possessing independent statutory authority to 
acquire leased space are not subject to GSA authority and, therefore, 
may not be subject to the requirements of this part. However, lease 
prospectus approval requirements of 40 U.S.C. Section 3307 may still 
apply appropriations to lease of space for public purposes under an 
agency's independent leasing authority.


Sec.  102-73.55  On what basis must Federal agencies acquire leases?

    Federal agencies must acquire leases on the most favorable basis to 
the Federal Government, with due consideration to maintenance and 
operational efficiency, and at charges consistent with prevailing 
market rates for comparable facilities in the community.


Sec.  102-73.60  With whom may Federal agencies enter into lease 
agreements?

    Federal agencies, upon approval from GSA, may enter into lease 
agreements with any person, partnership, corporation, or other public 
or private entity, provided that such lease agreements do not bind the 
Government for periods in excess of twenty years (40 U.S.C. 585(a)). 
Federal agencies may not enter into lease agreements with persons who 
are barred from contracting with the Federal Government (e.g., Members 
of Congress or debarred or suspended contractors).


Sec.  102-73.65  Are there any limitations on leasing certain types of 
space?

    Yes, the limitations on leasing certain types of space are as 
follows:
    (a) In general, 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 annual net rental cost of leasing 
such space would exceed the prospectus threshold (40 U.S.C. 
3307(f)(1)).
    (b) However, Federal agencies may lease such space if the 
Administrator of General Services first determines that leasing such 
space is necessary to meet requirements that cannot be met in public 
buildings, and then submits such determination to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives in 
accordance with 40 U.S.C. 3307(f)(2).


Sec.  102-73.70  Are Executive agencies required to acquire leased 
space by negotiation?

    Yes, Executive agencies must acquire leased space by negotiation, 
except where the sealed bid procedure is required by the Competition in 
Contracting Act, as amended (CICA) (41 U.S.C. 253(a)).


Sec.  102-73.75  What functions must Federal agencies perform with 
regard to leasing building space?

    Federal agencies, upon approval from GSA, must perform all 
functions of leasing building space, and land incidental thereto, for 
their use except as provided in this subpart.


Sec.  102-73.80  Who is authorized to contact lessor, offerors, or 
potential offerors concerning space leased or to be leased?

    No one, except the Contracting Officer or his or her designee, may 
contact lessors, offerors, or potential offerors concerning space 
leased or to be leased for the purpose of making oral or written 
representation or commitments or agreements with respect to the terms 
of occupancy of particular space, tenant improvements, alterations and 
repairs, or payment for overtime services.


Sec.  102-73.85  Can agencies with independent statutory authority to 
lease space have GSA perform the leasing functions?

    Yes, upon request, GSA may perform, on a reimbursable basis, all 
functions of leasing building space, and land incidental thereto, for 
Federal agencies possessing independent statutory authority to lease 
space. However, GSA reserves the right to accept or reject reimbursable 
leasing service requests on a case-by-case basis.


Sec.  102-73.90  What contingent fee policy must Federal agencies apply 
to the acquisition of real property by lease?

    Federal agencies must apply the contingent fee policies in 48 CFR 
3.4 to all negotiated and sealed bid contracts for the acquisition of 
real property by lease. Federal agencies must appropriately adapt the 
representations and covenants required by that subpart for use in 
leases of real property for Government use.


Sec.  102-73.95  How are Federal agencies required to assist GSA?

    The heads of Federal agencies must--

[[Page 67794]]

    (a) Cooperate with and assist the Administrator of General Services 
in carrying out his responsibilities respecting office buildings and 
space;
    (b) Take measures to give GSA early notice of new or changing space 
requirements;
    (c) Seek to economize their requirements for space; and
    (d) Continuously review their needs for space in and near the 
District of Columbia, taking into account the feasibility of 
decentralizing services or activities that can be carried on elsewhere 
without excessive costs or significant loss of efficiency.

Competition in Contracting Act of 1984


Sec.  102-73.100  Is the Competition in Contracting Act of 1984, as 
amended (CICA), applicable to lease acquisition?

    Yes, Executive agencies must obtain full and open competition among 
suitable locations meeting minimum Government requirements, except as 
otherwise provided by CICA, 41 U.S.C. 253.

National Environmental Policy Act of 1969 (NEPA)


Sec.  102-73.105  What policies must Federal agencies follow to 
implement the requirements of NEPA when acquiring real property by 
lease?

    Federal agencies must follow the NEPA policies identified in 
Sec. Sec.  102-76.40 and 102-76.45 of this chapter.

Lease Construction


Sec.  102-73.110  What rules must Executive agencies follow when 
acquiring leasehold interests in buildings constructed for Federal 
Government use?

    When acquiring leasehold interests in buildings to be constructed 
for Federal Government use, Executive agencies must--
    (a) Establish detailed building specifications before agreeing to a 
contract that will result in the construction of a building;
    (b) Use competitive procedures;
    (c) Inspect every building during construction to ensure that the 
building complies with the Government's specifications;
    (d) Evaluate every building after completion of construction to 
determine that the building complies with the Government's 
specifications; and
    (e) Ensure that any contract that will result in the construction 
of a building contains provisions permitting the Government to reduce 
the rent during any period when the building does not comply with the 
Government's specifications.

Price Preference for Historic Properties


Sec.  102-73.115  Must Federal agencies offer a price preference to 
space in historic properties when acquiring leased space?

    Yes, Federal agencies must give a price preference to space in 
historic properties when acquiring leased space using either the lowest 
price technically acceptable or the best value tradeoff source 
selection processes.


Sec.  102-73.120  How much of a price preference must Federal agencies 
give when acquiring leased space using the lowest price technically 
acceptable source selection process?

    Federal agencies must give a price evaluation preference to space 
in historic properties as follows:
    (a) First to suitable historic properties within historic 
districts, a 10 percent price preference.
    (b) If no suitable historic property within an historic district is 
offered, or the 10 percent preference does not result in such property 
being the lowest price technically acceptable offer, the Government 
will give a 2.5 percent price preference to suitable non-historic 
developed or undeveloped sites within historic districts.
    (c) If no suitable non-historic developed or undeveloped site 
within an historic district is offered, or the 2.5 percent preference 
does not result in such property being the lowest price technically 
acceptable offer, the Government will give a 10 percent price 
preference to suitable historic properties outside of historic 
districts.
    (d) Finally, if no suitable historic property outside of historic 
districts is offered, no historic price preference will be given to any 
property offered.


Sec.  102-73.125  How much of a price preference must Federal agencies 
give when acquiring leased space using the best value tradeoff source 
selection process?

    When award will be based on the best value tradeoff source 
selection process, which permits tradeoffs among price and non-price 
factors, the Government will give a price evaluation preference to 
historic properties as follows:
    (a) First to suitable historic properties within historic 
districts, a 10 percent price preference.
    (b) If no suitable historic property within an historic district is 
offered or remains in the competition, the Government will give a 2.5 
percent price preference to suitable non-historic developed or 
undeveloped sites within historic districts.
    (c) If no suitable non-historic developed or undeveloped site 
within an historic district is offered or remains in the competition, 
the Government will give a 10 percent price preference to suitable 
historic properties outside of historic districts.
    (d) Finally, if no suitable historic property outside of historic 
districts is offered, no historic price preference will be given to any 
property offered.

Leases With Purchase Options


Sec.  102-73.130  When may Federal agencies consider acquiring leases 
with purchase options?

    Agencies may consider leasing with a purchase option at or below 
fair market value, consistent with the lease-purchase scoring rules, 
when one or more of the following conditions exist:
    (a) The purchase option offers economic and other advantages to the 
Government and is consistent with the Government's goals.
    (b) The Government is the sole or major tenant of the building, and 
has a long-term need for the property.
    (c) Leasing with a purchase option is otherwise in the best 
interest of the Government.

Scoring Rules


Sec.  102-73.135  What scoring rules must Federal agencies follow when 
considering leases and leases with purchase options?

    All Federal agencies must follow the budget scorekeeping rules for 
leases, capital leases, and lease-purchases identified in appendices A 
and B of OMB Circular A-11. (For availability, see 5 CFR 1310.3.)

Delegations of Leasing Authority


Sec.  102-73.140  When may agencies that do not possess independent 
leasing authority lease space?

    Federal agencies may perform for themselves all functions necessary 
to acquire leased space in buildings and land incidental thereto when--
    (a) The authority may be delegated (see Sec.  102-72.30) on the 
different types of delegations related to real estate leasing);
    (b) The space may be leased for no rental, or for a nominal 
consideration of $1 per annum, and is limited to terms not to exceed 1 
year;
    (c) Authority has been requested by an Executive agency and a 
specific delegation has been granted by the Administrator of General 
Services;
    (d) A categorical delegation has been granted by the Administrator 
of General Services for space to accommodate particular types of agency 
activities, such as military recruiting offices or space for certain 
county level agricultural activities (see Sec.  102-73.155 for a 
listing of categorical delegations); or

[[Page 67795]]

    (e) The required space is found by the Administrator of General 
Services to be wholly or predominantly utilized for the special 
purposes of the agency to occupy such space and is not generally 
suitable for use by other agencies. Federal agencies must obtain prior 
approval from the GSA regional office having jurisdiction for the 
proposed leasing action, before initiating a leasing action involving 
2,500 or more square feet of such special purpose space. GSA's approval 
must be based upon a finding that there is no vacant Government-owned 
or leased space available that will meet the agency's requirements. 
Agency special purpose space delegations can be found in Sec. Sec.  
102-73.170 through 102-73.225.

Categorical Space Delegations


Sec.  102-73.145  What is a categorical space delegation?

    A categorical space delegation is a standing delegation of 
authority from the Administrator of General Services to a Federal 
agency to acquire a type of space identified in Sec.  102-73.155, 
subject to limitations in this part.


Sec.  102-73.150  What is the policy for categorical space delegations?

    Subject to the limitations cited in Sec. Sec.  102-73.230 through 
102-73.240, all Federal agencies are authorized to acquire the types of 
space listed in Sec.  102-73.155 and, except where otherwise noted, may 
lease space for terms, including all options, of up to 20 years.


Sec.  102-73.155  What types of space can Federal agencies acquire with 
a categorical space delegation?

    Federal agencies can use categorical space delegations to acquire--
    (a) Space to house antennas, repeaters, or transmission equipment;
    (b) Depots, including, but not limited to, stockpiling depots and 
torpedo net depots;
    (c) Docks, piers, and mooring facilities (including closed storage 
space required in combination with such facilities);
    (d) Fumigation areas;
    (e) Garage space (may be leased only on a fiscal year basis);
    (f) Greenhouses;
    (g) Hangars and other airport operating facilities including, but 
not limited to, flight preparation space, aircraft storage areas, and 
repair shops;
    (h) Hospitals, including medical clinics;
    (i) Housing (temporary), including hotels (does not include 
quarters obtained pursuant to temporary duty travel or employee 
relocation);
    (j) Laundries;
    (k) Quarantine facilities for plants, birds, and other animals;
    (l) Ranger stations, i.e., facilities that typically include small 
offices staffed by one or more uniformed employees, and may include 
sleeping/family quarters, parking areas, garages, and storage space. 
Office space within ranger stations is minimal and does not comprise a 
majority of the space. (May also be referred to as guard stations, 
information centers, or kiosks);
    (m) Recruiting space for the armed forces (lease terms, including 
all options, limited to 5 years);
    (n) Schools directly related to the special purpose function(s) of 
an agency;
    (o) Specialized storage/depot facilities, such as cold storage; 
self-storage units; and lumber, oil, gasoline, shipbuilding materials, 
and pesticide materials/equipment storage (general purpose warehouse 
type storage facilities not included); and
    (p) Space for short-term use (such as conferences and meetings, 
judicial proceedings, and emergency situations).

Special Purpose Space Delegations


Sec.  102-73.160  What is an agency special purpose space delegation?

    An agency special purpose space delegation is a standing delegation 
of authority from the Administrator of General Services to specific 
Federal agencies to lease their own special purpose space (identified 
in Sec. Sec.  102-73.170 through 102-73.225), subject to limitations in 
this part.


Sec.  102-73.165  What is the policy for agency special purpose space 
delegations?

    Subject to the limitations on annual rental amounts, lease terms, 
and leases on parking spaces cited in Sec. Sec.  102-73.230 through 
102-73.240, the agencies listed below are authorized to acquire special 
purpose space associated with that agency and, except where otherwise 
noted, may lease such space for terms, including all options, of up to 
20 years. The agencies and types of space subject to special purpose 
space delegations are specified in Sec. Sec.  102-73.170 through 102-
73.225.


Sec.  102-73.170  What types of special purpose space may the 
Department of Agriculture lease?

    The Department of Agriculture is delegated the authority to lease 
the following types of special purpose space:
    (a) Cotton classing laboratories (lease terms, including all 
options, limited to 5 years).
    (b) Land (if unimproved, may be leased only on a fiscal year 
basis).
    (c) Miscellaneous storage by cubic foot or weight basis.
    (d) Office space when required to be located in or adjacent to 
stockyards, produce markets, produce terminals, airports, and other 
ports (lease terms, including all options, limited to 5 years).
    (e) Space for agricultural commodities stored in licensed 
warehouses and utilized under warehouse contracts.
    (f) Space utilized in cooperation with State and local governments 
or their instrumentalities (extension services) where the cooperating 
State or local government occupies a portion of the space and pays a 
portion of the rent.


Sec.  102-73.175  What types of special purpose space may the 
Department of Commerce lease?

    The Department of Commerce is delegated authority to lease the 
following types of special purpose space:
    (a) Space required by the Census Bureau in connection with 
conducting the decennial census (lease terms, including all options, 
limited to 5 years).
    (b) Laboratories for testing materials, classified or ordnance 
devices, calibration of instruments, and atmospheric and oceanic 
research (lease terms, including all options, limited to 5 years).
    (c) Maritime training stations.
    (d) Radio stations.
    (e) Land (if unimproved, may be leased only on a fiscal year 
basis).
    (f) National Weather Service meteorological facilities.


Sec.  102-73.180  What types of special purpose space may the 
Department of Defense lease?

    The Department of Defense is delegated authority to lease the 
following types of special purpose space:
    (a) Air Force--Civil Air Patrol Liaison Offices and land incidental 
thereto when required for use incidental to, in conjunction with, and 
in close proximity to airports, including aircraft and warning stations 
(if unimproved, land may be leased only on a fiscal year basis; for 
space, lease terms, including all options, limited to 5 years).
    (b) Armories.
    (c) Film library in the vicinity of Washington, DC.
    (d) Mess halls.
    (e) Ports of embarkation and debarkation.
    (f) Post exchanges.
    (g) Postal Concentration Center, Long Island City, NY.
    (h) Recreation centers.

[[Page 67796]]

    (i) Reserve training space.
    (j) Service clubs.
    (k) Testing laboratories (lease terms, including all options, 
limited to 5 years).


Sec.  102-73.185  What types of special purpose space may the 
Department of Energy lease?

    The Department of Energy, as the successor to the Atomic Energy 
Commission, is delegated authority to lease facilities housing the 
special purpose or special location activities of the old Atomic Energy 
Commission.


Sec.  102-73.190  What types of special purpose space may the Federal 
Communications Commission lease?

    The Federal Communications Commission is delegated authority to 
lease monitoring station sites.


Sec.  102-73.195  What types of special purpose space may the 
Department of Health and Human Services lease?

    The Department of Health and Human Services is delegated authority 
to lease laboratories (lease terms, including all options, limited to 5 
years).


Sec.  102-73.196  What types of special purpose space may the 
Department of Homeland Security lease?

    The Department of Homeland Security is delegated authority to lease 
whatever space its organizational units or components had authority to 
lease prior to the creation of the Department of Homeland Security, 
including--
    (a) Border patrol offices similar in character and utilization to 
police stations, involving the handling of prisoners, firearms, and 
motor vehicles, regardless of location (lease terms, including all 
options limited to 5 years);
    (b) Space for the U.S. Coast Guard oceanic unit, Woods Hole, MA; 
and
    (c) Space for the U.S. Coast Guard port security activities.


Sec.  102-73.200  What types of special purpose space may the 
Department of the Interior lease?

    The Department of the Interior is delegated authority to lease the 
following types of special purpose space:
    (a) Space in buildings and land incidental thereto used by field 
crews of the Bureau of Reclamation, Bureau of Land Management, and the 
Geological Survey in areas where no other Government agencies are 
quartered (unimproved land may be leased only on a fiscal year basis).
    (b) National Parks/Monuments Visitors Centers consisting primarily 
of special purpose space (e.g., visitor reception, information, and 
rest room facilities) and not general office or administrative space.


Sec.  102-73.205  What types of special purpose space may the 
Department of Justice lease?

    The Department of the Justice is delegated authority to lease the 
following types of special purpose space:
    (a) U.S. marshals office in any Alaska location (lease terms, 
including all options, limited to 5 years).
    (b) Space used for storage and maintenance of surveillance vehicles 
and seized property (lease terms, including all options, limited to 5 
years).
    (c) Space used for review and custody of records and other 
evidentiary materials (lease terms, including all options, limited to 5 
years).
    (d) Space used for trial preparation where space is not available 
in Federal buildings, Federal courthouses, USPS facilities, or GSA-
leased buildings (lease terms limited to not more than 1 year).


Sec.  102-73.210  What types of special purpose space may the Office of 
Thrift Supervision lease?

    The Office of Thrift Supervision is delegated authority to lease 
space for field offices of Examining Divisions required to be located 
within Office of Thrift Supervision buildings or immediately adjoining 
or adjacent to such buildings (lease terms, including all options, 
limited to 5 years).


Sec.  102-73.215  What types of special purpose space may the 
Department of Transportation lease?

    The Department of Transportation is delegated authority to lease 
the following types of special purpose space (or real property):
    (a) Land for the Federal Aviation Administration (FAA) at airports 
(unimproved land may be leased only on a fiscal year basis).
    (b) General purpose office space not exceeding 10,000 square feet 
for the FAA at airports in buildings under the jurisdiction of public 
or private airport authorities (lease terms, including all options, 
limited to 5 years).


Sec.  102-73.220  What types of special purpose space may the 
Department of the Treasury lease?

    The Department of the Treasury is delegated authority to lease the 
following types of special purpose space:
    (a) Space and land incidental thereto for the use of the 
Comptroller of the Currency, as well as the operation, maintenance and 
custody thereof (if unimproved, land may be leased only on a fiscal 
year basis; lease term for space, including all options, limited to 5 
years).
    (b) Aerostat radar facilities necessary for U.S. Custom Service 
mission activities.


Sec.  102-73.225  What types of special purpose space may the 
Department of Veterans Affairs lease?

    The Department of Veterans Affairs is delegated authority to lease 
the following types of special purpose space:
    (a) Guidance and training centers located at schools and colleges.
    (b) Space used for veterans hospitals, including outpatient and 
medical-related clinics, such as drug, mental health, and alcohol.

Limitations on the Use of Delegated Authority


Sec.  102-73.230  When must Federal agencies submit a prospectus to 
lease real property?

    In accordance with 40 U.S.C. 3307, Federal agencies must submit a 
prospectus to the Administrator of General Services for leases 
involving a net annual rental, excluding services and utilities, in 
excess of the prospectus threshold provided in 40 U.S.C. 3307. Agencies 
must be aware that prospectus thresholds are indexed and change each 
year.


Sec.  102-73.235  What is the maximum lease term that a Federal agency 
may agree to when it has been delegated lease acquisition authority 
from GSA?

    Pursuant to GSA's authority to enter into lease agreements 
contained in 40 U.S.C. 585(a)(2), agencies delegated the authorities 
outlined herein may enter into leases for the term specified in the 
delegation. In those cases where agency special purposes space 
delegations include the authority to acquire unimproved land, the land 
may be leased only on a fiscal year basis.


Sec.  102-73.240  What policy must Federal agencies follow to acquire 
official parking spaces?

    Federal agencies that need parking must utilize available 
Government-owned or leased facilities. Federal agencies must make 
inquiries regarding availability of such Government-controlled space to 
GSA regional offices and document such inquiries. If no suitable 
Government-controlled facilities are available, an agency may use its 
own procurement authority to acquire parking by service contract.

[[Page 67797]]

Subpart C--Acquisition by Purchase or Condemnation

Buildings


Sec.  102-73.245  When may Federal agencies consider purchase of 
buildings?

    A Federal agency may consider purchase of buildings on a case-by-
case basis if it has landholding authority and when one or more of the 
following conditions exist:
    (a) It is economically more beneficial to own and manage the 
property.
    (b) There is a long-term need for the property.
    (c) The property is an existing building, or a building nearing 
completion, that can be purchased and occupied within a reasonable 
time.
    (d) When otherwise in the best interests of the Government.


Sec.  102-73.250  Are agencies required to adhere to the policies for 
locating Federal facilities when purchasing buildings?

    Yes, when purchasing buildings, agencies must comply with the 
location policies in this part and part 102-83 of this chapter.


Sec.  102-73.255  What factors must Executive agencies consider when 
purchasing sites?

    Agencies must locate proposed Federal buildings on sites that are 
most advantageous to the United States. Executive agencies must 
consider factors such as 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. Prior to acquiring, 
constructing, or leasing buildings (or sites for such buildings), 
Federal agencies must use, to the maximum extent feasible, historic 
properties available to the agency. In site selections, Executive 
agencies must consider Executive Order 12072 (August 16, 1978, 43 FR 
36869) and Executive Order 13006 (40 U.S.C. 3306 note). In addition, 
Executive agencies must consider all of the following:
    (a) 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 part 102-75, subpart B, of this chapter.
    (b) A site adjacent to or in the proximity of an existing Federal 
building that is well located and is to be retained for long-term 
occupancy.
    (c) The environmental condition of proposed sites prior to 
purchase. The 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 (e.g., reuse of a site under an 
established ``Brownfields'' program).
    (d) Purchase options to secure the future availability of a site.
    (e) All applicable location policies in this part and part 102-83 
of this chapter.

Land


Sec.  102-73.260  What land acquisition policy must Federal agencies 
follow?

    Federal agencies must follow the land acquisition policy in the 
Uniform Relocation Assistance and Real Property Acquisition Policies 
Act, as amended, 42 U.S.C. 4651-4655, which--
    (a) Encourages and expedites the acquisition of real property by 
agreements with owners;
    (b) Avoids litigation, including condemnation actions, where 
possible and relieves congestion in the courts;
    (c) Provides for consistent treatment of owners; and
    (d) Promotes public confidence in Federal land acquisition 
practices.


Sec.  102-73.265  What actions must Federal agencies take to facilitate 
land acquisition?

    To facilitate land acquisition, Federal agencies must, among other 
things--
    (a) Appraise the real property before starting negotiations and 
give the owner (or the owner's representative) the opportunity to 
accompany the appraiser during the inspection;
    (b) Establish an amount estimated to be the just compensation 
before starting negotiations and promptly offer to acquire the property 
for this full amount;
    (c) Try to negotiate with owners on the price;
    (d) Pay the agreed purchase price to the property owner, or in the 
case of a condemnation, deposit payment in the registry of the court, 
for the benefit of the owner, before requiring the owner to surrender 
the property; and
    (e) Provide property owners (and occupants) at least 90 days' 
notice of displacement before requiring anyone to move. If a Federal 
agency permits the owner to keep possession for a short time after 
acquiring the owner's property, Federal agencies must not charge rent 
in excess of the property's fair rental value to a short-term occupier.

Just Compensation


Sec.  102-73.270  Are Federal agencies required to provide the owner 
with a written statement of the amount established as just 
compensation?

    Yes, Federal agencies must provide the owner with a written 
statement of this amount and summarize the basis for it. When it is 
appropriate, Federal agencies must separately state the just 
compensation for the property to be acquired and damages to the 
remaining real property.


Sec.  102-73.275  What specific information must be included in the 
summary statement for the owner that explains the basis for just 
compensation?

    The summary statement must--
    (a) Identify the real property and the estate or interest the 
Federal agency is acquiring;
    (b) Identify the buildings, structures, and other improvements the 
Federal agency considers part of the real property for which just 
compensation is being offered;
    (c) State that the Federal agency based the estimate of just 
compensation on the Government's estimate of the property's fair market 
value. If only part of a property or less than a full interest is being 
acquired, Federal agencies must explain how they determined the just 
compensation for it; and
    (d) State that the Government's estimate of just compensation is at 
least as much as the property's approved appraisal value.


Sec.  102-73.280  Where can Federal agencies find guidance on how to 
appraise the value of properties being acquired by the Federal 
Government?

    The Interagency Land Acquisition Conference has developed, 
promulgated, and adopted the Uniform Appraisal Standards for Federal 
Land Acquisitions, sometimes referred to as the ``Yellow Book.'' The 
Interagency Land Acquisition Conference, established on November 27, 
1968, by invitation of the Attorney General, is a voluntary 
organization composed of the many Federal agencies engaged in the 
acquisition of real estate for public uses. The ``Yellow Book'' is 
published by the Appraisal Institute in cooperation with the U.S. 
Department of Justice and is available in hard copy or on the 
Department of Justice's internet Web site at http://www.usdoj.gov/enrd/land-ack/.


Sec.  102-73.285  [Reserved]


Sec.  102-73.290  Are there any prohibitions when a Federal agency pays 
``just compensation'' to a tenant?

    Yes, Federal agencies must not--
    (a) Duplicate any payment to the tenant otherwise authorized by 
law; and
    (b) Pay a tenant unless the landowner disclaims all interests in 
the tenant's improvements. In consideration for any such payment, the 
tenant must assign, transfer, and release to the Federal

[[Page 67798]]

agency all of its right, title, and interest in the improvements. The 
tenant may reject such payment under this subpart and obtain payment 
for its property interests according to other sections of applicable 
law.

Expenses Incidental to Property Transfer


Sec.  102-73.295  What property transfer expenses must Federal agencies 
cover when acquiring real property?

    Federal agencies must--
    (a) Reimburse property owners for all reasonable expenses actually 
incurred for recording fees, transfer taxes, documentary stamps, 
evidence of title, boundary surveys, legal descriptions of the real 
property, and similar expenses needed to convey the property to the 
Federal Government;
    (b) Reimburse property owners for all reasonable expenses actually 
incurred for penalty costs and other charges to prepay any existing, 
recorded mortgage that a property owner entered into in good faith and 
that encumbers the real property;
    (c) Reimburse property owners for all reasonable expenses actually 
incurred for the prorated part of any prepaid real property taxes that 
cover the period after the Federal Government gets title to the 
property or effective possession of it, whichever is earlier; and
    (d) Whenever possible, directly pay the costs identified in this 
section, so property owners will not have to pay them and then seek 
reimbursement from the Government.

Litigation Expenses


Sec.  102-73.300  Are Federal agencies required to pay for litigation 
expenses incurred by a property owner because of a condemnation 
proceeding?

    Federal agencies must pay reasonable expenses for attorneys, 
appraisals, and engineering fees that a property owner incurs because 
of a condemnation proceeding, if any of the following are true:
    (a) The court's final judgment is that the Federal agency cannot 
acquire the real property by condemnation.
    (b) The Federal agency abandons the condemnation proceeding other 
than under an agreed-on settlement.
    (c) The court renders a judgment in the property owner's favor in 
an inverse condemnation proceeding or the Federal agency agrees to 
settle such proceeding.

Relocation Assistance Policy


Sec.  102-73.305  What relocation assistance policy must Federal 
agencies follow?

    Federal agencies, upon approval from GSA, must provide appropriate 
relocation assistance under the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act, as amended, 42 U.S.C. 4651-4655, to 
eligible owners and tenants of property purchased for use by Federal 
agencies in accordance with the implementing regulations found in 49 
CFR part 24. Appropriate relocation assistance means that the Federal 
agency must pay the displaced person for actual--
    (a) Reasonable moving expenses (in moving himself, his family, and 
business);
    (b) Direct losses of tangible personal property as a result of 
moving or discontinuing a business;
    (c) Reasonable expenses in searching for a replacement business or 
farm; and
    (d) Reasonable expenses necessary to reestablish a displaced farm, 
nonprofit organization, or small business at its new site, but not to 
exceed $10,000.

0
4. Revise part 102-74 to read as follows:

PART 102-74--FACILITY MANAGEMENT

Subpart A--General Provisions

Sec.
102-74.5 What is the scope of this part?
102-74.10 What is the basic facility management policy?
Subpart B--Facility Management
102-74.15 What are the facility management responsibilities of 
occupant agencies?

Occupancy Services

102-74.20 What are occupancy services?
102-74.25 What responsibilities do Executive agencies have regarding 
occupancy services?
102-74.30 What standard in providing occupancy services must 
Executive agencies follow?
102-74.35 What building services must Executive agencies provide?

Concession Services

102-74.40 What are concession services?
102-74.45 When must Federal agencies provide concession services?
102-74.50 Are Federal agencies required to give blind vendors 
priority in operating vending facilities?
102-74.55 Are vending facilities authorized under the Randolph-
Sheppard Act operated by permit or contract?
102-74.60 Are Federal agencies required to give blind vendors 
priority in operating cafeterias?
102-74.65 Are cafeterias authorized under the Randolph-Sheppard Act 
operated by permit or contract?
102-74.70 Are commercial vendors and nonprofit organizations 
required to operate vending facilities by permit or contractual 
arrangement?
102-74.75 May Federal agencies sell tobacco products in vending 
machines in Government-owned and leased space?
102-74.80 [Reserved]
102-74.85 [Reserved]
102-74.90 [Reserved]
102-74.95 [Reserved]

Conservation Program

102-74.100 What are conservation programs?

Asset Services

102-74.105 What are asset services?
102-74.110 What asset services must Executive agencies provide?
102-74.115 What standard in providing asset services must Executive 
agencies follow?
102-74.120 Is a prospectus required to be submitted before emergency 
alterations can be performed?
102-74.125 Are prospectuses required for reimbursable alteration 
projects?
102-74.130 When a prospectus is required, can GSA prepare a 
prospectus for a reimbursable alteration project?
102-74.135 Who selects construction and alteration projects that are 
to be performed?
102-74.140 On what basis does the Administrator select construction 
and alteration projects?
102-74.145 What information must a Federal agency submit to GSA 
after the agency has identified a need for construction or 
alteration of a public building?
102-74.150 Who submits prospectuses for the construction or 
alteration of public buildings to the Congressional committees?

Energy Conservation

102-74.155 What energy conservation policy must Federal agencies 
follow in the management of facilities?
102-74.160 What actions must Federal agencies take to promote energy 
conservation?
102-74.165 What energy standards must Federal agencies follow for 
existing facilities?
102-74.170 May exceptions to the energy conservation policies in 
this subpart be granted?
102-74.175 Are Government-leased buildings required to conform with 
the policies in this subpart?
102-74.180 What illumination levels must Federal agencies maintain 
on Federal facilities?
102-74.185 What heating and cooling policy must Federal agencies 
follow in Federal facilities?
102-74.190 Are portable heaters, fans, and other such devices 
allowed in Government-controlled facilities?
102-74.195 What ventilation policy must Federal agencies follow?
102-74.200 What information are Federal agencies required to report 
to the Department of Energy (DOE)?

Ridesharing

102-74.205 What Federal facility ridesharing policy must Executive 
agencies follow?


[[Page 67799]]

102-74.210 What steps must Executive agencies take to promote 
ridesharing at Federal facilities?
102-74.215 [Reserved]
102-74.220 [Reserved]
102-74.225 [Reserved]

Occupant Emergency Program

102-74.230 Who is responsible for establishing an occupant emergency 
program?
102-74.235 Are occupant agencies required to cooperate with the 
Designated Official in the implementation of the emergency plans and 
the staffing of the emergency organization?
102-74.240 What are Federal agencies' occupant emergency 
responsibilities?
102-74.245 Who makes the decision to activate the Occupant Emergency 
Organization?
102-74.250 What information must the Designated Official use to make 
a decision to activate the Occupant Emergency Organization?
102-74.255 How must occupant evacuation or relocation be 
accomplished when there is immediate danger to persons or property, 
such as fire, explosion, or the discovery of an explosive device 
(not including a bomb threat)?
102-74.260 What action must the Designated Official initiate when 
there is advance notice of an emergency?

Parking Facilities

102-74.265 Who must provide for the regulation and policing of 
parking facilities?
102-74.270 Are vehicles required to display parking permits in 
parking facilities?
102-74.275 May Federal agencies authorize lessors or parking 
management contractors to manage, regulate, and police parking 
facilities?
102-74.280 Are privately owned vehicles converted for propane 
carburetion permitted in underground parking facilities?
102-74.285 How must Federal agencies assign priority to parking 
spaces in controlled areas?
102-74.290 May Federal agencies allow employees to use parking 
spaces not required for official needs?
102-74.295 Who determines the number of employee parking spaces for 
each facility?
102-74.300 How must space available for employee parking be 
allocated among occupant agencies?
102-74.305 How must Federal agencies assign available parking spaces 
to their employees?
102-74.310 What measures must Federal agencies take to improve the 
utilization of parking facilities?

Smoking

102-74.315 What is the smoking policy for Federal facilities?
102-74.320 Are there any exceptions to this smoking policy for 
Federal facilities?
102-74.325 Who has the responsibility to determine which areas are 
to be smoking and which areas are to be nonsmoking areas?
102-74.330 Who must evaluate the need to restrict smoking at 
doorways and in courtyards?
102-74.335 Who is responsible for monitoring and controlling areas 
designated for smoking and identifying these areas with proper 
signage?
102-74.340 Who is responsible for signs on or near building entrance 
doors?
102-74.345 Does the smoking policy in this part apply to the 
judicial branch?
102-74.350 Are agencies required to meet their obligations under the 
Federal Service Labor-Management Relations Act where there is an 
exclusive representative for the employees prior to implementing 
this smoking policy?

Accident and Fire Prevention

102-74.355 With what accident and fire prevention standards must 
Federal facilities comply?
102-74.360 What are the specific accident and fire prevention 
responsibilities of occupant agencies?
Subpart C--Conduct on Federal Property

Applicability

102-74.365 To whom does this subpart apply?

Inspection

102-74.370 What items are subject to inspection by Federal agencies?

Admission to Property

102-74.375 What is the policy on admitting persons to Government 
property?

Preservation of Property

102-74.380 What is the policy concerning the preservation of 
property?

Conformity With Signs and Directions

102-74.385 What is the policy concerning conformity with official 
signs and directions?

Disturbances

102-74.390 What is the policy concerning disturbances?

Gambling

102-74.395 What is the policy concerning gambling?

Narcotics and Other Drugs

102-74.400 What is the policy concerning the possession and use of 
narcotics and other drugs?

Alcoholic Beverages

102-74.405 What is the policy concerning the use of alcoholic 
beverages?

Soliciting, Vending and Debt Collection

102-74.410 What is the policy concerning soliciting, vending and 
debt collection?

Posting and Distributing Materials

102-74.415 What is the policy for posting and distributing 
materials?

Photographs for News, Advertising or Commercial Purposes

102-74.420 What is the policy concerning photographs for news, 
advertising or commercial purposes?

Dogs and Other Animals

102-74.425 What is the policy concerning dogs and other animals on 
Federal property?

Breastfeeding

102-74.426 May a woman breastfeed her child in a Federal building or 
on Federal property?

Vehicular and Pedestrian Traffic

102-74.430 What is the policy concerning vehicular and pedestrian 
traffic on Federal property?

Explosives

102-74.435 What is the policy concerning explosives on Federal 
property?

Weapons

102-74.440 What is the policy concerning weapons on Federal 
property?

Nondiscrimination

102-74.445 What is the policy concerning discrimination on Federal 
property?

Penalties

102-74.450 What are the penalties for violating any rule or 
regulation in this subpart?

Impact on Other Laws or Regulations

102-74.455 What impact do the rules and regulations in this subpart 
have on other laws or regulations?
Subpart D--Occasional Use of Public Buildings
102-74.460 What is the scope of this subpart?

Application for Permit

102-74.465 Is a person or organization that wishes to use a public 
area required to apply for a permit from a Federal agency?
102-74.470 What information must persons or organizations submit so 
that Federal agencies may consider their application for a permit?
102-74.475 If an applicant proposes to use a public area to solicit 
funds, is the applicant required to make a certification?

Permits

102-74.480 How many days does a Federal agency have to issue a 
permit following receipt of a completed application?
102-74.485 Is there any limitation on the length of time of a 
permit?
102-74.490 What if more than one permit is requested for the same 
area and time?
102-74.495 If a permit involves demonstrations or activities that 
may lead to civil disturbances, what action must a Federal agency 
take before approving such a permit application?

Disapproval of Applications or Cancellation of Permits

102-74.500 Can Federal agencies disapprove permit applications or 
cancel issued permits?
102-74.505 What action must Federal agencies take after disapproving 
an

[[Page 67800]]

application or canceling an issued permit?

Appeals

102-74.510 How may the disapproval of a permit application or 
cancellation of an issued permit be appealed?
102-74.515 Will the affected person or organization and the Federal 
agency buildings manager have an opportunity to state their 
positions on the issues?
102-74.520 How much time does the Regional Officer have to affirm or 
reverse the Federal agency buildings manager's decision after 
receiving the notification of appeal from the affected person or 
organization?

Schedule of Use

102-74.525 May Federal agencies reserve time periods for the use of 
public areas for official Government business or for maintenance, 
repair, and construction?

Hours of Use

102-74.530 When may public areas be used?

Services and Costs

102-74.535 What items may Federal agencies provide to permittees 
free of charge?
102-74.540 What are the items for which permittees must reimburse 
Federal agencies?
102-74.545 May permittees make alterations to the public areas?
102-74.550 What items are permittees responsible for furnishing?

Conduct

102-74.555 What rules of conduct must all permittees observe while 
on Federal property?

Non-affiliation With the Government

102-74.560 May Federal agencies advise the public of the presence of 
any permittees and their non-affiliation with the Federal 
Government?
Subpart E--Installing, Repairing, and Replacing Sidewalks
102-74.565 What is the scope of this subpart?
102-74.570 Are State and local governments required to fund the cost 
of installing, repairing, and replacing sidewalks?
102-74.575 How do Federal agencies arrange for work on sidewalks?
102-74.580 Who decides when to replace a sidewalk?
Subpart F--Telework
102-74.585 What Federal facility telework policy must Executive 
agencies follow?
102-74.590 What steps must agencies take to implement these laws and 
policies?
102-74.595 How can agencies obtain guidance, assistance, and 
oversight regarding alternative workplace arrangements from GSA?
102-74.600 Should Federal agencies utilize telework centers?
Appendix to Part 102-74--Rules and Regulations Governing Conduct on 
Federal Property

    Authority:  40 U.S.C. 121(c); Executive Order 12191, 45 FR 7997, 
3 CFR, 1980 Comp., p 138.

Subpart A--General Provisions


Sec.  102-74.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including the GSA's Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.


Sec.  102-74.10  What is the basic facility management policy?

    Executive agencies must manage, operate and maintain Government-
owned and leased buildings in a manner that provides for quality space 
and services consistent with their operational needs and accomplishes 
overall Government objectives. The management, operation and 
maintenance of buildings and building systems must--
    (a) Be cost effective and energy efficient;
    (b) Be adequate to meet the agencies' missions;
    (c) Meet nationally recognized standards; and
    (d) Be at an appropriate level to maintain and preserve the 
physical plant assets, consistent with available funding.

Subpart B--Facility Management


Sec.  102-74.15  What are the facility management responsibilities of 
occupant agencies?

    Occupants of facilities under the custody and control of Federal 
agencies must--
    (a) Cooperate to the fullest extent with all pertinent facility 
procedures and regulations;
    (b) Promptly report all crimes and suspicious circumstances 
occurring on Federally controlled property first to the regional 
Federal Protective Service, and as appropriate, the local responding 
law enforcement authority;
    (c) Provide training to employees regarding protection and 
responses to emergency situations; and
    (d) Make recommendations for improving the effectiveness of 
protection in Federal facilities.

Occupancy Services


Sec.  102-74.20  What are occupancy services?

    Occupancy services are--
    (a) Building services (see Sec.  102-74.35);
    (b) Concession services (see Sec.  102-74.40); and
    (c) Conservation programs (see Sec.  102-74.100).


Sec.  102-74.25  What responsibilities do Executive agencies have 
regarding occupancy services?

    Executive agencies, upon approval from GSA, must manage, administer 
and enforce the requirements of agreements (such as Memoranda of 
Understanding) and contracts that provide for the delivery of occupancy 
services.


Sec.  102-74.30  What standard in providing occupancy services must 
Executive agencies follow?

    Executive agencies must provide occupancy services that 
substantially conform to nationally recognized standards. As needed, 
Executive agencies may adopt other standards for buildings and services 
in Federally controlled facilities to conform to statutory requirements 
and to implement cost-reduction efforts.


Sec.  102-74.35  What building services must Executive agencies 
provide?

    Executive agencies, upon approval from GSA, must provide--
    (a) 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; and
    (b) Arrangements for raising and lowering the United States flags 
at appropriate times. In addition, agencies must display P.O.W. and 
M.I.A. flags at locations specified in 36 U.S.C. 902 on P.O.W./M.I.A. 
flag display days.

Concession Services


Sec.  102-74.40  What are concession services?

    Concession services are any food or snack services provided by a 
Randolph-Sheppard Act vendor, commercial contractor or nonprofit 
organization (see definition in Sec.  102-71.20 of this chapter), in 
vending facilities such as--
    (a) Vending machines;
    (b) Sundry facilities;
    (c) Prepackaged facilities;
    (d) Snack bars; and
    (e) Cafeterias.


Sec.  102-74.45  When must Federal agencies provide concession 
services?

    Federal agencies, upon approval from GSA, must provide concession 
services where building population supports such services and when the 
availability of existing commercial services is insufficient to meet 
Federal agency needs. Prior to establishing concessions, Federal 
agencies must ensure that--

[[Page 67801]]

    (a) The proposed concession will be established and operated in 
conformance with applicable policies, safety, health and sanitation 
codes, laws, regulations, etc., and will not contravene the terms of 
any lease or other contractual arrangement; and
    (b) Sufficient funds are legally available to cover all costs for 
which the Government may be responsible.


Sec.  102-74.50  Are Federal agencies required to give blind vendors 
priority in operating vending facilities?

    With certain exceptions, the Randolph-Sheppard Act (20 U.S.C. 107 
et seq.) requires that blind persons licensed by a State licensing 
agency under the provisions of the Randolph-Sheppard Act be authorized 
to operate vending facilities on Federal property, including leased 
buildings. The Department of Education (ED) is responsible for the 
administration of the Randolph-Sheppard Act as set forth at 34 CFR part 
395. The ED designates individual State licensing agencies with program 
administration responsibility. The Randolph-Sheppard Act and its 
implementing regulations require that Federal property managers give 
priority to and notify the State licensing agencies in writing of any 
opportunity.


Sec.  102-74.55  Are vending facilities authorized under the Randolph-
Sheppard Act operated by permit or contract?

    Vending facilities are authorized by permit. As set forth in 34 CFR 
part 395, the Federal property manager approves and signs State 
licensing agency permits that authorize States to license blind vendors 
to operate vending facilities (including vending machines) on Federal 
property.


Sec.  102-74.60  Are Federal agencies required to give blind vendors 
priority in operating cafeterias?

    Yes. Federal agencies are required to give Randolph-Sheppard 
vendors priority in the operation of cafeterias when the State 
licensing agency is in the competitive range as set forth at 34 CFR 
part 395.


Sec.  102-74.65  Are cafeterias authorized under the Randolph-Sheppard 
Act operated by permit or contract?

    They are operated by contract. As set forth at 34 CFR part 395, the 
Federal property manager contracts with the State licensing agency to 
license blind vendors to operate cafeterias on Federal property.


Sec.  102-74.70  Are commercial vendors and nonprofit organizations 
required to operate vending facilities by permit or contractual 
arrangement?

    Commercial vendors and nonprofit organizations must operate vending 
facilities, including cafeterias, under a contractual arrangement with 
Federal agencies.


Sec.  102-74.75  May Federal agencies sell tobacco products in vending 
machines in Government-owned and leased space?

    No. Section 636 of Public Law 104-52 prohibits the sale of tobacco 
products in vending machines in Government-owned and leased space. The 
Administrator of GSA or the head of an Agency may designate areas not 
subject to the prohibition, if minors are prohibited and reports are 
made to the appropriate committees of Congress.


Sec.  102-74.80  [Reserved]


Sec.  102-74.85  [Reserved]


Sec.  102-74.90  [Reserved]


Sec.  102-74.95  [Reserved]

Conservation Programs


Sec.  102-74.100  What are conservation programs?

    Conservation programs are programs that improve energy and water 
efficiency and promote the use of solar and other renewable energy. 
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).

Asset Services


Sec.  102-74.105  What are asset services?

    Asset services include repairs (other than those minor repairs 
identified in Sec.  102-74.35(a)), alterations and modernizations for 
real property assets. Typically, these are the types of repairs and 
alterations necessary to preserve or enhance the value of the real 
property asset.


Sec.  102-74.110  What asset services must Executive agencies provide?

    Executive agencies, upon approval from GSA, must provide asset 
services such as repairs (in addition to those minor repairs identified 
in Sec.  102-74.35(a)), alterations, and modernizations for real 
property assets. For repairs and alterations projects for which the 
estimated cost exceeds the prospectus threshold, Federal agencies must 
follow the prospectus submission and approval policy identified in this 
part and part 102-73 of this chapter.


Sec.  102-74.115  What standard in providing asset services must 
Executive agencies follow?

    Executive agencies must provide asset services that maintain 
continuity of Government operations, continue efficient building 
operations, extend the useful life of buildings and related building 
systems, and provide a quality workplace environment that enhances 
employee productivity.


Sec.  102-74.120  Is a prospectus required to be submitted before 
emergency alterations can be performed?

    No. A prospectus does not need to be submitted before emergency 
alterations are performed, but GSA must submit a prospectus as soon as 
possible after the emergency. Federal agencies must immediately alter a 
building if the alteration protects people, buildings, or equipment, 
saves lives, and/or avoids further property damage. Federal agencies 
can take these actions in an emergency before GSA submits a prospectus 
on the alterations to the Senate Committee on Environment and Public 
Works and the House Committee on Transportation and Infrastructure.


Sec.  102-74.125  Are prospectuses required for reimbursable alteration 
projects?

    A project that is to be financed in whole or in part from funds 
appropriated to the requesting agency may be performed without a 
prospectus if--
    (a) Payment is made from agency appropriations that are not subject 
to 40 U.S.C. 3307; and
    (b) GSA's portion of the cost, if any, does not exceed the 
prospectus threshold.


Sec.  102-74.130  When a prospectus is required, can GSA prepare a 
prospectus for a reimbursable alteration project?

    Yes, if requested by a Federal agency, GSA will prepare a 
prospectus for a reimbursable alteration project.


Sec.  102-74.135  Who selects construction and alteration projects that 
are to be performed?

    The Administrator of General Services selects construction and 
alteration projects to be performed.


Sec.  102-74.140  On what basis does the Administrator select 
construction and alteration projects?

    The Administrator selects projects based on a continuing 
investigation and survey of the public building needs of the Federal 
Government. These projects must be equitably distributed

[[Page 67802]]

throughout the United States, with due consideration given to each 
project's comparative urgency.


Sec.  102-74.145  What information must a Federal agency submit to GSA 
after the agency has identified a need for construction or alteration 
of a public building?

    Federal agencies identifying a need for construction or alteration 
of a public building must provide information, such as a description of 
the work, location, estimated maximum cost, and justification to the 
Administrator of General Services.


Sec.  102-74.150  Who submits prospectuses for the construction or 
alteration of public buildings to the Congressional committees?

    The Administrator of General Services must submit prospectuses for 
public building construction or alteration projects to the Senate 
Committee on Environment and Public Works and the House Committee on 
Transportation and Infrastructure for approval.

Energy Conservation


Sec.  102-74.155  What energy conservation policy must Federal agencies 
follow in the management of facilities?

    Federal agencies must--
    (a) Comply with the energy conservation guidelines in 10 CFR part 
436 (Federal Energy Management and Planning Programs); and
    (b) Observe the energy conservation policies cited in this part.


Sec.  102-74.160  What actions must Federal agencies take to promote 
energy conservation?

    Federal agencies must--
    (a) Turn off lights and equipment when not needed;
    (b) Not block or impede ventilation; and
    (c) Keep windows and other building accesses closed during the 
heating and cooling seasons.


Sec.  102-74.165  What energy standards must Federal agencies follow 
for existing facilities?

    Existing Federal facilities must meet the energy standards 
prescribed by the American Society of Heating, Refrigerating, and Air 
Conditioning Engineers and the Illuminating Engineering Society of 
North American in ASHRAE/IES Standard 90A-1980, as amended by the 
Department of Energy. Federal agencies must apply these energy 
standards where they can be achieved through life cycle, cost effective 
actions.


Sec.  102-74.170  May exceptions to the energy conservation policies in 
this subpart be granted?

    Yes, the Federal agency buildings manager may grant exceptions to 
the foregoing policies in this subpart to enable agencies to accomplish 
their missions more effectively and efficiently.


Sec.  102-74.175  Are Government-leased buildings required to conform 
with the policies in this subpart?

    Yes, all new lease contracts must be in conformance with the 
policies prescribed in this subpart. Federal agencies must administer 
existing lease contracts in accordance with these policies to the 
maximum extent feasible.


Sec.  102-74.180  What illumination levels must Federal agencies 
maintain on Federal facilities?

    Except where special circumstances exist, Federal agencies must 
maintain illumination levels at--
    (a) 50 foot-candles at work station surfaces, measured at a height 
of 30 inches above floor level, during working hours (for visually 
difficult or critical tasks, additional lighting may be authorized by 
the Federal agency buildings manager);
    (b) 30 foot-candles in work areas during working hours, measured at 
30 inches above floor level;
    (c) 10 foot-candles, but not less than 1 foot-candle, in non-work 
areas, during working hours (normally this will require levels of 5 
foot-candles at elevator boarding areas, minimum of 1 foot-candle at 
the middle of corridors and stairwells as measured at the walking 
surface, 1 foot-candle at the middle of corridors and stairwells as 
measured at the walking surface, and 10 foot-candles in storage areas); 
and
    (d) Levels essential for safety and security purposes, including 
exit signs and exterior lights.


Sec.  102-74.185  What heating and cooling policy must Federal agencies 
follow in Federal facilities?

    Within the limitations of the building systems, Federal agencies 
must--
    (a) Operate heating and cooling systems in the most overall energy 
efficient and economical manner;
    (b) Maintain temperatures to maximize customer satisfaction by 
conforming to local commercial equivalent temperature levels and 
operating practices;
    (c) Set heating temperatures no higher than 55 degrees Fahrenheit 
during non-working hours;
    (d) Not provide air-conditioning during non-working hours, except 
as necessary to return space temperatures to a suitable level for the 
beginning of working hours;
    (e) Not permit reheating, humidification and simultaneous heating 
and cooling; and
    (f) Operate building systems as necessary during extreme weather 
conditions to protect the physical condition of the building.


Sec.  102-74.190  Are portable heaters, fans and other such devices 
allowed in Government-controlled facilities?

    Federal agencies are prohibited from operating portable heaters, 
fans, and other such devices in Government-controlled facilities unless 
authorized by the Federal agency buildings manager.


Sec.  102-74.195  What ventilation policy must Federal agencies follow?

    During working hours in periods of heating and cooling, Federal 
agencies must provide ventilation in accordance with ASHRAE Standard 
62, Ventilation for Acceptable Indoor Air Quality, where physically 
practical. Where not physically practical, Federal agencies must 
provide the maximum allowable amount of ventilation during periods of 
heating and cooling and pursue opportunities to increase ventilation up 
to current standards. ASHRAE Standard 62 is available from ASHRAE 
Publications Sales, 1791 Tullie Circle NE, Atlanta, GA 30329-2305.


Sec.  102-74.200  What information are Federal agencies required to 
report to the Department of Energy (DOE)?

    Federal agencies, upon approval of GSA, must report to the DOE the 
energy consumption in buildings, facilities, vehicles, and equipment 
within 45 calendar days after the end of each quarter as specified in 
the DOE Federal Energy Usage Report DOE F 6200.2 Instructions.

Ridesharing


Sec.  102-74.205  What Federal facility ridesharing policy must 
Executive agencies follow?

    (a) In accordance with Executive Order 12191, ``Federal Facility 
Ridesharing Program'' (3 CFR, 1980 Comp., p. 138), Executive agencies 
must actively promote the use of ridesharing (carpools, vanpools, 
privately leased buses, public transportation, and other multi-
occupancy modes of travel) by personnel working at Federal facilities 
to conserve energy, reduce congestion, improve air quality, and provide 
an economical way for Federal employees to commute to work.
    (b) In accordance with the Federal Employees Clean Air Incentives 
Act (Public Law 103-172), the Federal

[[Page 67803]]

Government is required to take steps to improve the air quality, and to 
reduce traffic congestion by providing for the establishment of 
programs that encourage Federal employees to commute to work by means 
other than single-occupancy motor vehicles.
    (c) In accordance with the Transportation Equity Act for the 21st 
Century (Public Law 105-178), employers, including the Federal 
Government, are to offer employees transportation fringe benefits.


Sec.  102-74.210  What steps must Executive agencies take to promote 
ridesharing at Federal facilities?

    (a) Under Executive Order 12191, ``Federal Facility Ridesharing 
Program,'' agencies shall--
    (1) Establish an annual ridesharing goal for each facility; and
    (2) Cooperate with State and local ridesharing agencies where such 
agencies exist.
    (b) Under the Federal Employees Clean Air Incentives Act (Public 
Law 103-172), agencies shall--
    (1) Issue transit passes or similar vouchers to exchange for 
transit passes;
    (2) Furnish space, facilities, and services to bicyclists;
    (3) Provide non-monetary incentives as provided by other provisions 
of law or other authority; and
    (4) Submit biennially to GSA (as directed in House of 
Representatives Report 103-356, dated November 10, 1993) a report that 
covers--
    (i) Agency programs offered under Public law 103-172;
    (ii) Description of each program;
    (iii) Extent of employee participation in, and costs to the 
Government associated with, each program;
    (iv) Assessment of environmental or other benefits realized from 
these programs; and
    (v) Other matters that may be appropriate under Public Law 103-172.
    (c) In accordance with the Transportation Equity Act for the 21st 
Century, agencies may (in lieu of or in combination with other commuter 
benefits) provide fringe benefits to qualified commuters, at no cost, 
by giving them a monthly pretax payroll deduction to support and 
encourage the use of mass transportation systems.


Sec.  102-74.215  [Reserved]


Sec.  102-74.220  [Reserved]


Sec.  102-74.225  [Reserved]

Occupant Emergency Program


Sec.  102-74.230  Who is responsible for establishing an occupant 
emergency program?

    The Designated Official (as defined in Sec.  102-71.20 of this 
chapter) is responsible for developing, implementing and maintaining an 
Occupant Emergency Plan (as defined in Sec.  102-71.20 of this 
chapter). The Designated Official's responsibilities include 
establishing, staffing and training an Occupant Emergency Organization 
with agency employees. Federal agencies, upon approval from GSA, must 
assist in the establishment and maintenance of such plans and 
organizations.


Sec.  102-74.235  Are occupant agencies required to cooperate with the 
Designated Official in the implementation of the emergency plans and 
the staffing of the emergency organization?

    Yes, all occupant agencies of a facility must fully cooperate with 
the Designated Official in the implementation of the emergency plans 
and the staffing of the emergency organization.


Sec.  102-74.240  What are Federal agencies' occupant emergency 
responsibilities?

    Federal agencies, upon approval from GSA, must--
    (a) Provide emergency program policy guidance;
    (b) Review plans and organizations annually;
    (c) Assist in training of personnel;
    (d) Otherwise provide for the proper administration of Occupant 
Emergency Programs (as defined in Sec.  102-71.20 of this chapter);
    (e) Solicit the assistance of the lessor in the establishment and 
implementation of plans in leased space; and
    (f) Assist the Occupant Emergency Organization (as defined in Sec.  
102-71.20 of this chapter) by providing technical personnel qualified 
in the operation of utility systems and protective equipment.


Sec.  102-74.245  Who makes the decision to activate the Occupant 
Emergency Organization?

    The decision to activate the Occupant Emergency Organization must 
be made by the Designated Official, or by the designated alternate 
official. After normal duty hours, the senior Federal official present 
must represent the Designated Official or his/her alternates and must 
initiate action to cope with emergencies in accordance with the plans.


Sec.  102-74.250  What information must the Designated Official use to 
make a decision to activate the Occupant Emergency Organization?

    The Designated Official must make a decision to activate the 
Occupant Emergency Organization based upon the best available 
information, including--
    (a) An understanding of local tensions;
    (b) The sensitivity of target agency(ies);
    (c) Previous experience with similar situations;
    (d) Advice from the Federal agency buildings manager;
    (e) Advice from the appropriate Federal law enforcement official; 
and
    (f) Advice from Federal, State, and local law enforcement agencies.


Sec.  102-74.255  How must occupant evacuation or relocation be 
accomplished when there is immediate danger to persons or property, 
such as fire, explosion or the discovery of an explosive device (not 
including a bomb threat)?

    The Designated Official must initiate action to evacuate or 
relocate occupants in accordance with the plan by sounding the fire 
alarm system or by other appropriate means when there is immediate 
danger to persons or property, such as fire, explosion or the discovery 
of an explosive device (not including a bomb threat).


Sec.  102-74.260  What action must the Designated Official initiate 
when there is advance notice of an emergency?

    The Designated Official must initiate appropriate action according 
to the plan when there is advance notice of an emergency.

Parking Facilities


Sec.  102-74.265  Who must provide for the regulation and policing of 
parking facilities?

    Federal agencies, upon approval from GSA, must provide for any 
necessary regulation and policing of parking facilities, which may 
include--
    (a) The issuance of traffic rules and regulations;
    (b) The installation of signs and markings for traffic control 
(Signs and markings must conform with the Manual on Uniform Traffic 
Control Devices published by the Department of Transportation);
    (c) The issuance of citations for parking violations; and
    (d) The immobilization or removal of illegally parked vehicles.

[[Page 67804]]

Sec.  102-74.270  Are vehicles required to display parking permits in 
parking facilities?

    When the use of parking space is controlled as in Sec.  102-74.265, 
all privately owned vehicles other than those authorized to use 
designated visitor or service areas must display a parking permit. This 
requirement may be waived in parking facilities where the number of 
available spaces regularly exceeds the demand for such spaces.


Sec.  102-74.275  May Federal agencies authorize lessors or parking 
management contractors to manage, regulate and police parking 
facilities?

    Yes, Federal agencies, upon approval from GSA, may authorize 
lessors or parking management contractors to manage, regulate and 
police parking facilities.


Sec.  102-74.280  Are privately owned vehicles converted for propane 
carburetion permitted in underground parking facilities?

    Federal agencies must not permit privately owned vehicles converted 
for propane carburetion to enter underground parking facilities unless 
the owner provides to the occupant agency and the Federal agency 
buildings manager the installer's certification that the installation 
methods and equipment comply with National Fire Protection Association 
(NFPA) Standard No. 58.


Sec.  102-74.285  How must Federal agencies assign priority to parking 
spaces in controlled areas?

    Federal agencies must reserve official parking spaces, in the 
following order of priority, for--
    (a) Official postal vehicles at buildings containing the U.S. 
Postal Service's mailing operations;
    (b) Federally owned vehicles used to apprehend criminals, fight 
fires and handle other emergencies;
    (c) Private vehicles owned by Members of Congress (but not their 
staffs);
    (d) Private vehicles owned by Federal judges (appointed under 
Article III of the Constitution), which may be parked in those spaces 
assigned for the use of the Court, with priority for them set by the 
Administrative Office of the U.S. Courts;
    (e) Other Federally owned and leased vehicles, including those in 
motor pools or assigned for general use;
    (f) Service vehicles, vehicles used in child care center 
operations, and vehicles of patrons and visitors (Federal agencies must 
allocate parking for disabled visitors whenever an agency's mission 
requires visitor parking); and
    (g) Private vehicles owned by employees, using spaces not needed 
for official business.
    However, in major metropolitan areas, Federal agencies may 
determine that allocations by zone would make parking more efficient or 
equitable, taking into account the priority for official parking set 
forth in this section.


Sec.  102-74.290  May Federal agencies allow employees to use parking 
spaces not required for official needs?

    Yes, Federal agencies may allow employees to use parking spaces not 
required for official needs.


Sec.  102-74.295  Who determines the number of employee parking spaces 
for each facility?

    The Federal agency buildings manager must determine the total 
number of spaces available for employee parking. Typically, Federal 
agencies must make a separate determination for each parking facility. 
However, in major metropolitan areas, Federal agencies may determine 
that allocations by zone would make parking more efficient or more 
equitably available.


Sec.  102-74.300  How must space available for employee parking be 
allocated among occupant agencies?

    The Federal agency buildings manager must allocate space available 
for employee parking among occupant agencies on an equitable basis, 
such as by allocating such parking in proportion to each agency's share 
of building space, office space or total employee population, as 
appropriate. In certain cases, Federal agencies may allow a third 
party, such as a board composed of representatives of agencies sharing 
space, to determine proper parking allocations among the occupant 
agencies.


Sec.  102-74.305  How must Federal agencies assign available parking 
spaces to their employees?

    Federal agencies must assign available parking spaces to their 
employees using the following order of priority:
    (a) Severely disabled employees (see definition in Sec.  102-71.20 
of this chapter).
    (b) Executive personnel and persons who work unusual hours.
    (c) Vanpool/carpool vehicles.
    (d) Privately owned vehicles of occupant agency employees that are 
regularly used for Government business at least 12 days per month and 
that qualify for reimbursement of mileage and travel expenses under 
Government travel regulations.
    (e) Other privately owned vehicles of employees, on a space-
available basis. (In locations where parking allocations are made on a 
zonal basis, GSA and affected agencies may cooperate to issue 
additional rules, as appropriate.)


Sec.  102-74.310  What measures must Federal agencies take to improve 
the utilization of parking facilities?

    Federal agencies must take all feasible measures to improve the 
utilization of parking facilities, including--
    (a) The conducting of surveys and studies;
    (b) The periodic review of parking space allocations;
    (c) The dissemination of parking information to occupant agencies;
    (d) The implementation of parking incentives that promote 
ridesharing;
    (e) The use of stack parking practices, where appropriate; and
    (f) The employment of parking management contractors and 
concessionaires, where appropriate.

Smoking


Sec.  102-74.315  What is the smoking policy for Federal facilities?

    Pursuant to Executive Order 13058, ``Protecting Federal Employees 
and the Public From Exposure to Tobacco Smoke in the Federal 
Workplace'' (3 CFR, 1997 Comp., p. 216), it is the policy of the 
Executive branch to establish a smoke-free environment for Federal 
employees and members of the public visiting or using Federal 
facilities. The smoking of tobacco products is prohibited in all 
interior space owned, rented or leased by the Executive branch of the 
Federal Government, and in any outdoor areas under Executive branch 
control in front of air intake ducts.


Sec.  102-74.320  Are there any exceptions to this smoking policy for 
Federal facilities?

    Yes, this smoking policy does not apply in--
    (a) Designated smoking areas that are enclosed and exhausted 
directly to the outside and away from air intake ducts, and are 
maintained under negative pressure (with respect to surrounding spaces) 
sufficient to contain tobacco smoke within the designated area. Agency 
officials must not require workers to enter such areas during business 
hours while smoking is ongoing;
    (b) Any residential accommodation for persons voluntarily or 
involuntarily residing, on a temporary or long-term basis, in a 
building owned, leased or rented by the Federal Government;
    (c) Portions of Federally owned buildings leased, rented or 
otherwise provided in their entirety to non-Federal parties;
    (d) Places of employment in the private sector or in other non-
Federal governmental units that serve as the permanent or intermittent 
duty station of one or more Federal employees; and

[[Page 67805]]

    (e) Instances where an agency head establishes limited and narrow 
exceptions that are necessary to accomplish agency missions. Such 
exceptions must be in writing, approved by the agency head, and to the 
fullest extent possible provide protection of nonsmokers from exposure 
to environmental tobacco smoke. Authority to establish such exceptions 
may not be delegated.


Sec.  102-74.325  Who has the responsibility to determine which areas 
are to be smoking and which areas are to be nonsmoking areas?

    Agency heads have the responsibility to determine which areas are 
to be smoking and which areas are to be nonsmoking areas. In exercising 
this responsibility, agency heads will give appropriate consideration 
to the views of the employees affected and/or their representatives and 
are to take into consideration the health issues involved. Nothing in 
this section precludes an agency from establishing more stringent 
guidelines. Agencies in multi-tenant buildings are encouraged to work 
together to identify designated smoking areas.


Sec.  102-74.330  Who must evaluate the need to restrict smoking at 
doorways and in courtyards?

    Agency heads must evaluate the need to restrict smoking at doorways 
and in courtyards under Executive branch control to protect workers and 
visitors from environmental tobacco smoke, and may restrict smoking in 
these areas in light of this evaluation.


Sec.  102-74.335  Who is responsible for monitoring and controlling 
areas designated for smoking and for identifying these areas with 
proper signage?

    Agency heads are responsible for monitoring and controlling areas 
designated for smoking and identifying these areas with proper signage. 
Suitable uniform signs reading ``Designated Smoking Area'' must be 
furnished and installed by the occupant agency.


Sec.  102-74.340  Who is responsible for signs on or near building 
entrance doors?

    Federal agency buildings managers must furnish and install 
suitable, uniform signs reading ``No Smoking Except in Designated 
Areas'' on or near entrance doors of buildings subject to this section. 
It is not necessary to display a sign in every room of each building.


Sec.  102-74.345  Does the smoking policy in this part apply to the 
Judicial branch?

    This smoking policy applies to the Judicial branch when it occupies 
space in buildings controlled by the Executive branch. Furthermore, the 
Federal Chief Judge in a local jurisdiction may be deemed to be 
comparable to an agency head and may establish exceptions for Federal 
jurors and others as indicated in Sec.  102-74.320(e).


Sec.  102-74.350  Are agencies required to meet their obligations under 
the Federal Service Labor-Management Relations Act where there is an 
exclusive representative for the employees prior to implementing this 
smoking policy?

    Yes. Where there is an exclusive representative for the employees, 
Federal agencies must meet their obligations under the Federal Service 
Labor-Management Relations Act (5 U.S.C. 7101 et seq.) prior to 
implementing this section. In all other cases, agencies may consult 
directly with employees.

Accident and Fire Prevention


Sec.  102-74.355  With what accident and fire prevention standards must 
Federal facilities comply?

    To the maximum extent feasible, Federal agencies must manage 
facilities in accordance with the accident and fire prevention 
requirements identified in Sec.  102-80.80 of this chapter.


Sec.  102-74.360  What are the specific accident and fire prevention 
responsibilities of occupant agencies?

    Each occupant agency must--
    (a) Participate in at least one fire drill per year;
    (b) Maintain a neat and orderly facility to minimize the risk of 
accidental injuries and fires;
    (c) Keep all exits, accesses to exits and accesses to emergency 
equipment clear at all times;
    (d) Not bring hazardous, explosive or combustible materials into 
buildings unless authorized by appropriate agency officials and by GSA 
and unless protective arrangements determined necessary by GSA have 
been provided;
    (e) Use only draperies, curtains or other hanging materials that 
are made of non-combustible or flame-resistant fabric;
    (f) Use only freestanding partitions and space dividers that are 
limited combustible, and fabric coverings that are flame resistant;
    (g) Cooperate with GSA to develop and maintain fire prevention 
programs that provide the maximum safety for the occupants;
    (h) Train employees to use protective equipment and educate 
employees to take appropriate fire safety precautions in their work;
    (i) Keep facilities in the safest condition practicable, and 
conduct periodic inspections in accordance with Executive Order 12196 
and 29 CFR part 1960;
    (j) Immediately report accidents involving personal injury or 
property damage, which result from building system or maintenance 
deficiencies, to the Federal agency building manager; and
    (k) Appoint a safety, health and fire protection liaison to 
represent the occupant agency with GSA.

Subpart C--Conduct on Federal Property

Applicability


Sec.  102-74.365  To whom does this subpart apply?

    The rules in this subpart apply to all property under the authority 
of GSA and to all persons entering in or on such property. Each 
occupant agency shall be responsible for the observance of these rules 
and regulations. Federal agencies must post the notice in the Appendix 
to this part at each public entrance to each Federal facility.

Inspection


Sec.  102-74.370  What items are subject to inspection by Federal 
agencies?

    Federal agencies may, at their discretion, inspect packages, 
briefcases and other containers in the immediate possession of 
visitors, employees or other persons arriving on, working at, visiting, 
or departing from Federal property. Federal agencies may conduct a full 
search of a person and the vehicle the person is driving or occupying 
upon his or her arrest.

Admission to Property


Sec.  102-74.375  What is the policy on admitting persons to Government 
property?

    Federal agencies must--
    (a) Except as otherwise permitted, close property to the public 
during other than normal working hours. In those instances where a 
Federal agency has approved the after-normal-working-hours use of 
buildings or portions thereof for activities authorized by subpart D of 
this part, Federal agencies must not close the property (or affected 
portions thereof) to the public;
    (b) Close property to the public during working hours only when 
situations require this action to provide for the orderly conduct of 
Government business. The designated official under the Occupant 
Emergency Program may make such decision only after consultation with 
the buildings manager and the highest ranking representative of the law 
enforcement organization responsible for protection of the

[[Page 67806]]

property or the area. The designated official is defined in Sec.  102-
71.20 of this chapter as the highest ranking official of the primary 
occupant agency, or the alternate highest ranking official or designee 
selected by mutual agreement by other occupant agency officials; and
    (c) When property or a portion thereof is closed to the public, 
restrict admission to the property, or the affected portion, to 
authorized persons who must register upon entry to the property and 
must, when requested, display Government or other identifying 
credentials to Federal police officers or other authorized individuals 
when entering, leaving or while on the property. Failure to comply with 
any of the applicable provisions is a violation of these regulations.

Preservation of Property


Sec.  102-74.380  What is the policy concerning the preservation of 
property?

    All persons entering in or on Federal property are prohibited 
from--
    (a) Improperly disposing of rubbish on property;
    (b) Willfully destroying or damaging property;
    (c) Stealing property;
    (d) Creating any hazard on property to persons or things; or
    (e) Throwing articles of any kind from or at a building or climbing 
upon statues, fountains or any part of the building.

Conformity With Signs and Directions


Sec.  102-74.385  What is the policy concerning conformity with 
official signs and directions?

    Persons in and on property must at all times comply with official 
signs of a prohibitory, regulatory or directory nature and with the 
lawful direction of Federal police officers and other authorized 
individuals.

Disturbances


Sec.  102-74.390  What is the policy concerning disturbances?

    All persons entering in or on Federal property are prohibited from 
loitering, exhibiting disorderly conduct or exhibiting other conduct on 
property that--
    (a) Creates loud or unusual noise or a nuisance;
    (b) Unreasonably obstructs the usual use of entrances, foyers, 
lobbies, corridors, offices, elevators, stairways, or parking lots;
    (c) Otherwise impedes or disrupts the performance of official 
duties by Government employees; or
    (d) Prevents the general public from obtaining the administrative 
services provided on the property in a timely manner.

Gambling


Sec.  102-74.395  What is the policy concerning gambling?

    (a) Except for the vending or exchange of chances by licensed blind 
operators of vending facilities for any lottery set forth in a State 
law and authorized by section 2(a)(5) of the Randolph-Sheppard Act (20 
U.S.C. 107 et seq.), all persons entering in or on Federal property are 
prohibited from--
    (1) Participating in games for money or other personal property;
    (2) Operating gambling devices;
    (3) Conducting a lottery or pool; or
    (4) Selling or purchasing numbers tickets.
    (b) This provision is not intended to prohibit prize drawings for 
personal property at otherwise permitted functions on Federal property, 
provided that the game or drawing does not constitute gambling per se. 
Gambling per se means a game of chance where the participant risks 
something of value for the chance to gain or win a prize.

Narcotics and Other Drugs


Sec.  102-74.400  What is the policy concerning the possession and use 
of narcotics and other drugs?

    Except in cases where the drug is being used as prescribed for a 
patient by a licensed physician, all persons entering in or on Federal 
property are prohibited from--
    (a) Being under the influence, using or possessing any narcotic 
drugs, hallucinogens, marijuana, barbiturates, or amphetamines; or
    (b) Operating a motor vehicle on the property while under the 
influence of alcoholic beverages, narcotic drugs, hallucinogens, 
marijuana, barbiturates, or amphetamines.

Alcoholic Beverages


Sec.  102-74.405  What is the policy concerning the use of alcoholic 
beverages?

    Except where the head of the responsible agency or his or her 
designee has granted an exemption in writing for the appropriate 
official use of alcoholic beverages, all persons entering in or on 
Federal property are prohibited from being under the influence or using 
alcoholic beverages. The head of the responsible agency or his or her 
designee must provide a copy of all exemptions granted to the buildings 
manager and the highest ranking representative of the law enforcement 
organization, or other authorized officials, responsible for the 
security of the property.

Soliciting, Vending and Debt Collection


Sec.  102-74.410  What is the policy concerning soliciting, vending and 
debt collection?

    All persons entering in or on Federal property are prohibited from 
soliciting alms (including money and non-monetary items) or commercial 
or political donations, vending merchandise of all kinds, displaying or 
distributing commercial advertising, or collecting private debts, 
except for--
    (a) National or local drives for funds for welfare, health or other 
purposes as authorized by 5 CFR part 950, entitled ``Solicitation Of 
Federal Civilian And Uniformed Service Personnel For Contributions To 
Private Voluntary Organizations,'' and sponsored or approved by the 
occupant agencies;
    (b) Concessions or personal notices posted by employees on 
authorized bulletin boards;
    (c) Solicitation of labor organization membership or dues 
authorized by occupant agencies under the Civil Service Reform Act of 
1978 (Pub. L. 95-454);
    (d) Lessee, or its agents and employees, with respect to space 
leased for commercial, cultural, educational, or recreational use under 
40 U.S.C. 581(h). Public areas of GSA-controlled property may be used 
for other activities in accordance with subpart D of this part;
    (e) Collection of non-monetary items that are sponsored or approved 
by the occupant agencies; and
    (f) Commercial activities sponsored by recognized Federal employee 
associations and on-site child care centers.

Posting and Distributing Materials


Sec.  102-74.415  What is the policy for posting and distributing 
materials?

    All persons entering in or on Federal property are prohibited 
from--
    (a) Distributing free samples of tobacco products in or around 
Federal buildings, as mandated by Section 636 of Public Law 104-52;
    (b) Posting or affixing materials, such as pamphlets, handbills, or 
flyers, on bulletin boards or elsewhere on GSA-controlled property, 
except as authorized in Sec.  102-74.410, or when these displays are 
conducted as part of authorized Government activities; and
    (c) Distributing materials, such as pamphlets, handbills or flyers, 
unless conducted as part of authorized Government activities. This 
prohibition does not apply to public areas of the property as defined 
in Sec.  102-71.20 of this chapter. However, any person or organization 
proposing to distribute materials in a public area under this

[[Page 67807]]

section must first obtain a permit from the building manager as 
specified in subpart D of this part. Any such person or organization 
must distribute materials only in accordance with the provisions of 
subpart D of this part. Failure to comply with those provisions is a 
violation of these regulations.

Photographs for News, Advertising or Commercial Purposes


Sec.  102-74.420  What is the policy concerning photographs for news, 
advertising or commercial purposes?

    Except where security regulations, rules, orders, or directives 
apply or a Federal court order or rule prohibits it, persons entering 
in or on Federal property may take photographs of--
    (a) Space occupied by a tenant agency for non-commercial purposes 
only with the permission of the occupying agency concerned;
    (b) Space occupied by a tenant agency for commercial purposes only 
with written permission of an authorized official of the occupying 
agency concerned; and
    (c) Building entrances, lobbies, foyers, corridors, or auditoriums 
for news purposes.

Dogs and Other Animals


Sec.  102-74.425  What is the policy concerning dogs and other animals 
on Federal property?

    No person may bring dogs or other animals on Federal property for 
other than official purposes. However, a disabled person may bring a 
seeing-eye dog, a guide dog, or other animal assisting or being trained 
to assist that individual.

Breastfeeding


Sec.  102-74.426  May a woman breastfeed her child in a Federal 
building or on Federal property?

    Yes. Public Law 108-199, Section 629, Division F, Title VI (January 
23, 2004), provides that a woman may breastfeed her child at any 
location in a Federal building or on Federal property, if the woman and 
her child are otherwise authorized to be present at the location.

Vehicular and Pedestrian Traffic


Sec.  102-74.430  What is the policy concerning vehicular and 
pedestrian traffic on Federal property?

    All vehicle drivers entering or while on Federal property--
    (a) Must drive in a careful and safe manner at all times;
    (b) Must comply with the signals and directions of Federal police 
officers or other authorized individuals;
    (c) Must comply with all posted traffic signs;
    (d) Must comply with any additional posted traffic directives 
approved by the GSA Regional Administrator, which will have the same 
force and effect as these regulations;
    (e) Are prohibited from blocking entrances, driveways, walks, 
loading platforms, or fire hydrants; and
    (f) Are prohibited from parking on Federal property without a 
permit. Parking without authority, parking in unauthorized locations or 
in locations reserved for other persons, or parking contrary to the 
direction of posted signs is prohibited. Vehicles parked in violation, 
where warning signs are posted, are subject to removal at the owner's 
risk and expense. Federal agencies may take as proof that a motor 
vehicle was parked in violation of these regulations or directives as 
prima facie evidence that the registered owner was responsible for the 
violation.

Explosives


Sec.  102-74.435  What is the policy concerning explosives on Federal 
property?

    No person entering or while on Federal property may carry or 
possess explosives, or items intended to be used to fabricate an 
explosive or incendiary device, either openly or concealed, except for 
official purposes.

Weapons


Sec.  102-74.440  What is the policy concerning weapons on Federal 
property?

    Federal law prohibits the possession of firearms or other dangerous 
weapons in Federal facilities and Federal court facilities by all 
persons not specifically authorized by 18 U.S.C. 930. Violators will be 
subject to fine and/or imprisonment for periods up to five (5) years.

Nondiscrimination


Sec.  102-74.445  What is the policy concerning discrimination on 
Federal property?

    Federal agencies must not discriminate by segregation or otherwise 
against any person or persons because of race, creed, religion, age, 
sex, color, disability, or national origin in furnishing or by refusing 
to furnish to such person or persons the use of any facility of a 
public nature, including all services, privileges, accommodations, and 
activities provided on the property.

Penalties


Sec.  102-74.450  What are the penalties for violating any rule or 
regulation in this subpart?

    A person found guilty of violating any rule or regulation in this 
subpart while on any property under the charge and control of GSA shall 
be fined under title 18 of the United States Code, imprisoned for not 
more than 30 days, or both.

Impact on Other Laws or Regulations


Sec.  102-74.455  What impact do the rules and regulations in this 
subpart have on other laws or regulations?

    No rule or regulation in this subpart may be construed to nullify 
any other Federal laws or regulations or any State and local laws and 
regulations applicable to any area in which the property is situated 
(40 U.S.C. 121 (c)).

Subpart D--Occasional Use of Public Buildings


Sec.  102-74.460  What is the scope of this subpart?

    This subpart establishes rules and regulations for the occasional 
use of public areas of public buildings for cultural, educational and 
recreational activities as provided by 40 U.S.C. 581(h)(2).

Application for Permit


Sec.  102-74.465  Is a person or organization that wishes to use a 
public area required to apply for a permit from a Federal agency?

    Yes, any person or organization wishing to use a public area must 
file an application for a permit from the Federal agency buildings 
manager.


Sec.  102-74.470  What information must persons or organizations submit 
so that Federal agencies may consider their application for a permit?

    Applicants must submit the following information:
    (a) Their full names, mailing addresses, and telephone numbers.
    (b) The organization sponsoring the proposed activity.
    (c) The individual(s) responsible for supervising the activity.
    (d) Documentation showing that the applicant has authority to 
represent the sponsoring organization.
    (e) A description of the proposed activity, including the dates and 
times during which it is to be conducted and the number of persons to 
be involved.


Sec.  102-74.475  If an applicant proposes to use a public area to 
solicit funds, is the applicant required to make a certification?

    Yes, if an applicant proposes to use a public area to solicit 
funds, the applicant must certify, in writing, that--

[[Page 67808]]

    (a) The applicant is a representative of and will be soliciting 
funds for the sole benefit of a religion or religious group; or
    (b) The applicant's organization has received an official ruling of 
tax-exempt status from the Internal Revenue Service under 26 U.S.C. 
501; or, alternatively, that an application for such a ruling is still 
pending.

Permits


Sec.  102-74.480  How many days does a Federal agency have to issue a 
permit following receipt of a completed application?

    Federal agencies must issue permits within 10 working days 
following the receipt of the completed applications, unless the permit 
is disapproved in accordance with Sec.  102-74.500.


Sec.  102-74.485  Is there any limitation on the length of time of a 
permit?

    Yes, a permit may not be issued for a period of time in excess of 
30 calendar days, unless specifically approved by the Regional Officer 
(as defined in Sec.  102-71.20 of this chapter). After the expiration 
of a permit, Federal agencies may issue a new permit upon submission of 
a new application. In such a case, applicants may incorporate by 
reference all required information filed with the prior application.


Sec.  102-74.490  What if more than one permit is requested for the 
same area and time?

    Federal agencies will issue permits on a first-come, first-served, 
basis when more than one permit is requested for the same area and 
times.


Sec.  102-74.495  If a permit involves demonstrations or activities 
that may lead to civil disturbances, what action must a Federal agency 
take before approving such a permit application?

    Before approving a permit application, Federal agencies must 
coordinate with their law enforcement organization if a permit involves 
demonstrations or activities that may lead to civil disturbances.

Disapproval of Applications or Cancellation of Permits


Sec.  102-74.500  Can Federal agencies disapprove permit applications 
or cancel issued permits?

    Yes, Federal agencies may disapprove any permit application or 
cancel an issued permit if--
    (a) The applicant has failed to submit all information required 
under Sec. Sec.  102-74.470 and 102-74.475, or has falsified such 
information;
    (b) The proposed use is a commercial activity as defined in Sec.  
102-71.20 of this chapter;
    (c) The proposed use interferes with access to the public area, 
disrupts official Government business, interferes with approved uses of 
the property by tenants or by the public, or damages any property;
    (d) The proposed use is intended to influence or impede any pending 
judicial proceeding;
    (e) The proposed use is obscene within the meaning of obscenity as 
defined in 18 U.S.C. 1461-65; or
    (f) The proposed use violates the prohibition against political 
solicitations in 18 U.S.C. 607.


Sec.  102-74.505  What action must Federal agencies take after 
disapproving an application or canceling an issued permit?

    Upon disapproving an application or canceling a permit, Federal 
agencies must promptly--
    (a) Notify the applicant or permittee of the reasons for the 
action; and
    (b) Inform the applicant or permittee of his/her appeal rights 
under Sec.  102-74.510.

Appeals


Sec.  102-74.510  How may the disapproval of a permit application or 
cancellation of an issued permit be appealed?

    A person or organization may appeal the disapproval of an 
application or cancellation of an issued permit by notifying the 
Regional Officer (as defined in Sec.  102-71.20 of this chapter), in 
writing, of the intent to appeal within 5 calendar days of the 
notification of disapproval or cancellation.


Sec.  102-74.515  Will the affected person or organization and the 
Federal agency buildings manager have an opportunity to state their 
positions on the issues?

    Yes, during the appeal process, the affected person or organization 
and the Federal agency buildings manager will have an opportunity to 
state their positions on the issues, both verbally and in writing.


Sec.  102-74.520  How much time does the Regional Officer have to 
affirm or reverse the Federal agency buildings manager's decision after 
receiving the notification of appeal from the affected person or 
organization?

    The Regional Officer must affirm or reverse the Federal agency 
buildings manager's decision, based on the information submitted, 
within 10 calendar days of the date on which the Regional Officer 
received notification of the appeal. If the decision is not rendered 
within 10 days, the application will be considered to be approved or 
the permit validly issued. The Regional Officer will promptly notify 
the applicant or permittee and the buildings manager of the decision 
and the reasons therefor.

Schedule of Use


Sec.  102-74.525  May Federal agencies reserve time periods for the use 
of public areas for official Government business or for maintenance, 
repair and construction?

    Yes, Federal agencies may reserve certain time periods for use of 
public areas--
    (a) For official Government business; or
    (b) For maintenance, repair, and construction.

Hours of Use


Sec.  102-74.530  When may public areas be used?

    Permittees may use public areas during or after regular working 
hours of Federal agencies, provided that such uses will not interfere 
with Government business. When public areas are used by permittees 
after normal working hours, Federal agencies must lock, barricade or 
identify by signs, as appropriate, all adjacent areas not approved for 
such use to restrict permittees' activities to approved areas.

Services and Costs


Sec.  102-74.535  What items may Federal agencies provide to permittees 
free of charge?

    Federal agencies may provide to permittees at no cost--
    (a) Space; and
    (b) Services normally provided at the building in question during 
normal hours of building operation, such as security, cleaning, 
heating, ventilation, and air-conditioning. The Regional Officer must 
approve an applicant's request to provide its own services, such as 
security and cleaning, prior to permit approval.


Sec.  102-74.540  What are the items for which permittees must 
reimburse Federal agencies?

    Permittees must reimburse Federal agencies for services over and 
above those normally provided during normal business hours. Federal 
agencies may provide the services free of charge if the cost is 
insignificant and if it is in the public interest.


Sec.  102-74.545  May permittees make alterations to the public areas?

    Permittees must not make alterations to public areas, except with 
the prior written approval of the Federal agency buildings manager. 
Federal agencies must not approve such alterations unless the Federal 
agency determines that the proposed alterations to a building should be 
made to encourage

[[Page 67809]]

and aid in the proposed use. Permittees making alterations must ensure 
the safety of users and prevent damage to property.


Sec.  102-74.550  What items are permittees responsible for furnishing?

    Permittees are responsible for furnishing items such as tickets, 
audio-visual equipment, and other items that are necessary for the 
proposed use.

Conduct


Sec.  102-74.555  What rules of conduct must all permittees observe 
while on Federal property?

    Permittees are subject to all rules and regulations governing 
conduct on Federal property as set forth in subpart C of this part. In 
addition, a permittee must--
    (a) Not misrepresent his or her identity to the public;
    (b) Not conduct any activities in a misleading or fraudulent 
manner;
    (c) Not discriminate on the basis of race, creed, religion, age, 
color, disability, sex, or national origin in conducting activities;
    (d) Not distribute any item, nor post or otherwise affix any item, 
for which prior written approval under Sec.  102-74.415 has not been 
obtained;
    (e) Not leave leaflets or other materials unattended on the 
property;
    (f) Not engage in activities that would interfere with the 
preferences afforded blind licensees under the Randolph-Sheppard Act 
(20 U.S.C. 107); and
    (g) Display identification badges while on Federal property, if 
engaging in the solicitation of funds as authorized by Sec.  102-
74.475. Each badge must indicate the permittee's name, address, 
telephone number, and organization.

Non-affiliation With the Government


Sec.  102-74.560  May Federal agencies advise the public of the 
presence of any permittees and their non-affiliation with the Federal 
Government?

    Yes, Federal agencies reserve the right to advise the public 
through signs or announcements of the presence of any permittees and of 
their non-affiliation with the Federal Government.

Subpart E--Installing, Repairing, and Replacing Sidewalks


Sec.  102-74.565  What is the scope of this subpart?

    In accordance with 40 U.S.C. 589, Federal agencies must comply with 
the real property policies in this subpart governing the installation, 
repair and replacement of sidewalks around buildings, installations, 
properties, or grounds under the control of Executive agencies and 
owned by the United States.


Sec.  102-74.570  Are State and local governments required to fund the 
cost of installing, repairing, and replacing sidewalks?

    No, the Federal Government must fund the cost of installing, 
repairing, and replacing sidewalks. Funds appropriated to the agency 
for installation, repair, and maintenance, generally, must be available 
for expenditure to accomplish the purposes of this subpart.


Sec.  102-74.575  How do Federal agencies arrange for work on 
sidewalks?

    Upon approval from GSA, Federal agencies may--
    (a) Authorize the appropriate State or local government to install, 
repair and replace sidewalks, or arrange for this work, and reimburse 
them for this work; or
    (b) Contract or otherwise arrange and pay directly for installing, 
repairing and/or replacing sidewalks.


Sec.  102-74.580  Who decides when to replace a sidewalk?

    Federal agencies, giving due consideration to State and local 
standards and specifications for sidewalks, decide when to install, 
repair or replace a sidewalk. However, Federal agencies may prescribe 
other standards and specifications for sidewalks whenever necessary to 
achieve architectural harmony and maintain facility security.

Subpart F--Telework


Sec.  102-74.585  What Federal facility telework policy must Executive 
agencies follow?

    Executive agencies must follow these telework policies:
    (a) In accordance with Section 359 of Public Law 106-346, each 
Executive agency must establish a policy under which eligible employees 
of the agency may participate in telecommuting to the maximum extent 
possible without diminished employee performance. Public 106-346 became 
effective on October 23, 2000, and required the Director of the Office 
of Personnel Management (OPM) to ensure the application and 
implementation of Section 359 to 25 percent of the Federal workforce by 
April 2001, and to an additional 25 percent of such workforce each year 
thereafter. Thus, the law provides that its requirements must be 
applied to 100 percent of the Federal workforce by April 2004.
    (b) In accordance with 40 U.S.C. 587, when considering whether to 
acquire any space, quarters, buildings, or other facilities for use by 
employees of any Executive agency, the head of that agency shall 
consider whether the need for the facilities can be met using 
alternative workplace arrangements.


Sec.  102-74.590  What steps must agencies take to implement these laws 
and policies?

    (a) As interpreted by OPM Memorandum to agencies (February 9, 
2001), Public Law 106-346 instructs Federal agencies to--
    (1) Review telework barriers, act to remove them, and increase 
actual participation;
    (2) Establish eligibility criteria; and
    (3) Subject to any applicable agency policies or bargaining 
obligations, allow employees who meet the criteria and want to 
participate the opportunity if they are satisfactory performers.
    (b) 40 U.S.C. 587 requires agencies considering the acquisition of 
facilities for use by Federal employees to consider whether the 
facility need can be met using alternative workplace arrangements, such 
as telecommuting, hoteling, virtual offices, and other distributive 
work arrangements. If the agency needs assistance in this investigation 
and/or subsequent application of alternative workplace arrangements, 
GSA will provide guidance, assistance, and oversight, as needed, 
regarding establishment and operation of alternative workplace 
arrangements.
    (c) Agencies evaluating alternative workplace arrangements should 
also make these evaluations in coordination with Integrated Workplace 
policies and strategies. See Sec.  102-79.110.


Sec.  102-74.595  How can agencies obtain guidance, assistance, and 
oversight regarding alternative workplace arrangements from GSA?

    Agencies may request assistance from the GSA/PBS regional office 
responsible for providing space in the geographic area under 
consideration.


Sec.  102-74.600  Should Federal agencies utilize telework centers?

    Yes. In accordance with Public Law 107-217 (August 21, 2002), each 
of the following departments and agencies, in each fiscal year, must 
make at least $50,000 available from amounts provided for salaries and 
expenses for carrying out a flexiplace work telecommuting program 
(i.e., to pay telework center program user fees):
    (a) Department of Agriculture.
    (b) Department of Commerce.
    (c) Department of Defense.
    (d) Department of Education.
    (e) Department of Energy.

[[Page 67810]]

    (f) Department of Health and Human Services.
    (g) Department of Housing and Urban Development.
    (h) Department of the Interior.
    (i) Department of Justice.
    (j) Department of Labor.
    (k) Department of State.
    (l) Department of Transportation.
    (m) Department of the Treasury.
    (n) Department of Veterans Affairs.
    (o) Environmental Protection Agency.
    (p) General Services Administration.
    (q) Office of Personnel Management.
    (r) Small Business Administration.
    (s) Social Security Administration.
    (t) United States Postal Service.

Appendix to Part 102-74--Rules and Regulations Governing Conduct on 
Federal Property

Federal Management Regulations

Title 41, Code of Federal Regulations, Part 102-74, Subpart C

    Applicability (41 CFR 102-74.365). The rules in this subpart 
apply to all property under the authority of the U.S. General 
Services Administration and to all persons entering in or on such 
property. Each occupant agency shall be responsible for the 
observance of these rules and regulations. Federal agencies must 
post the notice in the Appendix to part 102-74 at each public 
entrance to each Federal facility.
    Inspection (41 CFR 102-74.370). Federal agencies may, at their 
discretion, inspect packages, briefcases and other containers in the 
immediate possession of visitors, employees or other persons 
arriving on, working at, visiting, or departing from Federal 
property. Federal agencies may conduct a full search of a person and 
the vehicle the person is driving or occupying upon his or her 
arrest.
    Admission to Property (41 CFR 102-74.375). Federal agencies 
must--
    (a) Except as otherwise permitted, close property to the public 
during other than normal working hours. In those instances where a 
Federal agency has approved the after-normal-working-hours use of 
buildings or portions thereof for activities authorized by subpart D 
of this part, Federal agencies must not close the property (or 
affected portions thereof) to the public;
    (b) Close property to the public during working hours only when 
situations require this action to provide for the orderly conduct of 
Government business. The designated official under the Occupant 
Emergency Program may make such decision only after consultation 
with the buildings manager and the highest ranking representative of 
the law enforcement organization responsible for protection of the 
property or the area. The designated official is defined in Sec.  
102-71.20 of this chapter as the highest ranking official of the 
primary occupant agency, or the alternate highest ranking official 
or designee selected by mutual agreement by other occupant agency 
officials; and
    (c) When property or a portion thereof is closed to the public, 
restrict admission to the property, or the affected portion, to 
authorized persons who must register upon entry to the property and 
must, when requested, display Government or other identifying 
credentials to Federal police officers or other authorized 
individuals when entering, leaving or while on the property. Failure 
to comply with any of the applicable provisions is a violation of 
these regulations.
    Preservation of Property (41 CFR 102-74.380). All persons 
entering in or on Federal property are prohibited from--
    (a) Improperly disposing of rubbish on property;
    (b) Willfully destroying or damaging property;
    (c) Stealing property;
    (d) Creating any hazard on property to persons or things; and
    (e) Throwing articles of any kind from or at a building or the 
climbing upon statues, fountains or any part of the building.
    Conformity with Signs and Directions (41 CFR 102-74.385). 
Persons in and on property must at all times comply with official 
signs of a prohibitory, regulatory or directory nature and with the 
lawful direction of Federal police officers and other authorized 
individuals.
    Disturbances (41 CFR 102-74.390). All persons entering in or on 
Federal property are prohibited from loitering, exhibiting 
disorderly conduct or exhibiting other conduct on property that--
    (a) Creates loud or unusual noise or a nuisance;
    (b) Unreasonably obstructs the usual use of entrances, foyers, 
lobbies, corridors, offices, elevators, stairways, or parking lots;
    (c) Otherwise impedes or disrupts the performance of official 
duties by Government employees; or
    (d) Prevents the general public from obtaining the 
administrative services provided on the property in a timely manner.
    Gambling (41 CFR 102-74.395). Except for the vending or exchange 
of chances by licensed blind operators of vending facilities for any 
lottery set forth in a State law and authorized by section 2(a)(5) 
of the Randolph-Sheppard Act (20 U.S.C. 107 et seq.), all persons 
entering in or on Federal property are prohibited from--
    (a) Participating in games for money or other personal property;
    (b) Operating gambling devices;
    (c) Conducting a lottery or pool; or
    (d) Selling or purchasing numbers tickets.
    Narcotics and Other Drugs (41 CFR 102-74.400). Except in cases 
where the drug is being used as prescribed for a patient by a 
licensed physician, all persons entering in or on Federal property 
are prohibited from--
    (a) Being under the influence, using or possessing any narcotic 
drugs, hallucinogens, marijuana, barbiturates, or amphetamines; or
    (b) Operating a motor vehicle on the property while under the 
influence of alcoholic beverages, narcotic drugs, hallucinogens, 
marijuana, barbiturates, or amphetamines.
    Alcoholic Beverages (41 CFR 102-74.405). Except where the head 
of the responsible agency or his or her designee has granted an 
exemption in writing for the appropriate official use of alcoholic 
beverages, all persons entering in or on Federal property are 
prohibited from being under the influence or using alcoholic 
beverages. The head of the responsible agency or his or her designee 
must provide a copy of all exemptions granted to the buildings 
manager and the highest ranking representative of the law 
enforcement organization, or other authorized officials, responsible 
for the security of the property.
    Soliciting, Vending and Debt Collection (41 CFR 102-74.410). All 
persons entering in or on Federal property are prohibited from 
soliciting alms (including money and non-monetary items) or 
commercial or political donations; vending merchandise of all kinds; 
displaying or distributing commercial advertising, or collecting 
private debts, except for--
    (a) National or local drives for funds for welfare, health or 
other purposes as authorized by 5 CFR part 950, entitled 
``Solicitation of Federal Civilian And Uniformed Service Personnel 
For Contributions To Private Voluntary Organizations,'' and 
sponsored or approved by the occupant agencies;
    (b) Concessions or personal notices posted by employees on 
authorized bulletin boards;
    (c) Solicitation of labor organization membership or dues 
authorized by occupant agencies under the Civil Service Reform Act 
of 1978 (Public Law 95-454);
    (d) Lessee, or its agents and employees, with respect to space 
leased for commercial, cultural, educational, or recreational use 
under the Public Buildings Cooperative Use Act of 1976 (40 U.S.C. 
581(h)). Public areas of GSA-controlled property may be used for 
other activities in accordance with subpart D of this part;
    (e) Collection of non-monetary items that are sponsored or 
approved by the occupant agencies; and
    (f) Commercial activities sponsored by recognized Federal 
employee associations and on-site child care centers.
    Posting and Distributing Materials (41 CFR 102-74.415). All 
persons entering in or on Federal property are prohibited from--
    (a) Distributing free samples of tobacco products in or around 
Federal buildings, under Public Law 104-52, Section 636;
    (b) Posting or affixing materials, such as pamphlets, handbills, 
or flyers, on bulletin boards or elsewhere on GSA-controlled 
property, except as authorized in Sec.  102-74.410, or when these 
displays are conducted as part of authorized Government activities; 
and
    (c) Distributing materials, such as pamphlets, handbills, or 
flyers, unless conducted as part of authorized Government 
activities. This prohibition does not apply to public areas of the 
property as defined in Sec.  102-71.20 of this chapter. However, any 
person or organization proposing to distribute materials in a public 
area under this section must first obtain a permit from the building 
manager as specified in subpart D of this part. Any such person or 
organization must distribute materials only in accordance with the 
provisions of subpart D of this part. Failure to comply with those 
provisions is a violation of these regulations.
    Photographs for News, Advertising, or Commercial Purposes (41 
CFR 102-74.420).

[[Page 67811]]

Except where security regulations, rules, orders, or directives 
apply or a Federal court order or rule prohibits it, persons 
entering in or on Federal property may take photographs of--
    (a) Space occupied by a tenant agency for non-commercial 
purposes only with the permission of the occupying agency concerned;
    (b) Space occupied by a tenant agency for commercial purposes 
only with written permission of an authorized official of the 
occupying agency concerned; and
    (c) Building entrances, lobbies, foyers, corridors, or 
auditoriums for news purposes.
    Dogs and Other Animals (41 CFR 102-74.425). No person may bring 
dogs or other animals on Federal property for other than official 
purposes. However, a disabled person may bring a seeing-eye dog, a 
guide dog, or other animal assisting or being trained to assist that 
individual.
    Breastfeeding (41 CFR 102-74.426). Public Law 108-199, Section 
629, Division F, Title VI (January 23, 2004), provides that a woman 
may breastfeed her child at any location in a Federal building or on 
Federal property, if the woman and her child are otherwise 
authorized to be present at the location.
    Vehicular and Pedestrian Traffic (41 CFR 102-74.430). All 
vehicle drivers entering or while on Federal property--
    (a) Must drive in a careful and safe manner at all times;
    (b) Must comply with the signals and directions of Federal 
police officers or other authorized individuals;
    (c) Must comply with all posted traffic signs;
    (d) Must comply with any additional posted traffic directives 
approved by the GSA Regional Administrator, which will have the same 
force and effect as these regulations;
    (e) Are prohibited from blocking entrances, driveways, walks, 
loading platforms, or fire hydrants; and
    (f) Are prohibited from parking on Federal property without a 
permit. Parking without authority, parking in unauthorized locations 
or in locations reserved for other persons, or parking contrary to 
the direction of posted signs is prohibited. Vehicles parked in 
violation, where warning signs are posted, are subject to removal at 
the owner's risk and expense. Federal agencies may take as proof 
that a motor vehicle was parked in violation of these regulations or 
directives as prima facie evidence that the registered owner was 
responsible for the violation.
    Explosives (41 CFR 102-74.435). No person entering or while on 
property may carry or possess explosives, or items intended to be 
used to fabricate an explosive or incendiary device, either openly 
or concealed, except for official purposes.
    Weapons (41 CFR 102-74.440). Federal law prohibits the 
possession of firearms or other dangerous weapons in Federal 
facilities and Federal court facilities by all persons not 
specifically authorized by Title 18, United States Code, Section 
930. Violators will be subject to fine and/or imprisonment for 
periods up to five (5) years.
    Nondiscrimination (41 CFR 102-74.445). Federal agencies must not 
discriminate by segregation or otherwise against any person or 
persons because of race, creed, religion, age, sex, color, 
disability, or national origin in furnishing or by refusing to 
furnish to such person or persons the use of any facility of a 
public nature, including all services, privileges, accommodations, 
and activities provided on the property.
    Penalties (41 CFR 102-74.450). A person found guilty of 
violating any rule or regulation in subpart C of this part while on 
any property under the charge and control of the U.S. General 
Services Administration shall be fined under title 18 of the United 
States Code, imprisoned for not more than 30 days, or both.
    Impact on Other Laws or Regulations (41 CFR 102-74.455). No rule 
or regulation in this subpart may be construed to nullify any other 
Federal laws or regulations or any State and local laws and 
regulations applicable to any area in which the property is situated 
(40 U.S.C. 121 (c)).

Warning--Weapons Prohibited

    Federal law prohibits the possession of firearms or other 
dangerous weapons in Federal facilities and Federal court facilities 
by all persons not specifically authorized by Title 18, United 
States Code, Section 930. Violators will be subject to fine and/or 
imprisonment for periods up to five (5) years.

0
5. Revise part 102-75 to read as follows:

PART 102-75--REAL PROPERTY DISPOSAL

Subpart A--General Provisions

Sec.
102-76.5 What is the scope of this part?
102-75.10 What basic real property disposal policy governs disposal 
agencies?

Real Property Disposal Services

102-75.15 What real property disposal services must disposal 
agencies provide under a delegation of authority from GSA?
102-75.20 How can Federal agencies with independent disposal 
authority obtain related disposal services?
Subpart B--Utilization of Excess Real Property
102-75.25 What are landholding agencies' responsibilities concerning 
the utilization of excess property?
102-75.30 What are disposal agencies' responsibilities concerning 
the utilization of excess property?
102-75.35 [Reserved]

Standards

102-75.40 What are the standards that each Executive agency must use 
to identify unneeded Federal real property?
102-75.45 What does the term ``Not utilized'' mean?
102-75.50 What does the term ``Underutilized'' mean?
102-75.55 What does the term ``Not being put to optimum use'' mean?

Guidelines

102-75.60 What are landholding agencies' responsibilities concerning 
real property surveys?
102-75.65 Why is it important for Executive agencies to notify the 
disposal agency of its real property needs?
102-75.70 Are their any exceptions to this notification policy?
102-75.75 What is the most important consideration in evaluating a 
proposed transfer of excess real property?
102-75.80 What are an Executive agency's responsibilities before 
requesting a transfer of excess real property?
102-75.85 Can disposal agencies transfer excess real property to 
agencies for programs that appear to be scheduled for substantial 
curtailment or termination?
102-75.90 How is excess real property needed for office, storage, 
and related purposes normally transferred to the requesting agency?
102-75.95 Can Federal agencies that normally do not require real 
property (other than for office, storage, and related purposes) or 
that may not have statutory authority to acquire such property, 
obtain the use of excess real property?

Land Withdrawn or Reserved From the Public Domain

102-75.100 When an agency holds land withdrawn or reserved from the 
public domain and determines that it no longer needs this land, what 
must it do?
102-75.105 What responsibility does the Department of the Interior 
have if it determines that minerals in the land are unsuitable for 
disposition under the public land mining and mineral leasing laws?

Transfers Under Other Laws

102-75.110 Can transfers of real property be made under authority of 
laws other than those codified in Title 40 of the United States 
Code?

Reporting of Excess Real Property

102-75.115 Must reports of excess real property and related personal 
property be prepared on specific forms?
102-75.120 Is there any other information that needs to accompany 
(or be submitted with) the Report of Excess Real Property (Standard 
Form 118)?

Title Report

102-75.125 What information must agencies include in the title 
report?
102-75.130 If hazardous substance activity took place on the 
property, what specific information must an agency include on the 
title report?
102-75.135 If no hazardous substance activity took place on the 
property, what specific information must an agency include in the 
title report?

Other Necessary Information

102-75.140 In addition to the title report, and all necessary 
environmental information and certifications, what information must 
an Executive agency transmit with the Report of Excess Real Property 
(Standard Form 118)?



[[Page 67812]]

Examination for Acceptability

102-75.145 Is GSA required to review each report of excess?
102-75.150 What happens when GSA determines that the report of 
excess is adequate?
102-75.155 What happens if GSA determines that the report of excess 
is insufficient?

Designation as Personal Property

102-75.160 Should prefabricated movable structures be designated 
real or personal property for disposition purposes?
102-75.165 Should related personal property be designated real or 
personal property for disposition purposes?
102-75.170 What happens to the related personal property in a 
structure scheduled for demolition?

Transfers

102-75.175 What are GSA's responsibilities regarding transfer 
requests?
102-75.180 May landholding agencies transfer excess real property 
without notifying GSA?
102-75.185 In those instances where landholding agencies may 
transfer excess real property without notifying GSA, which policies 
must they follow?
102-75.190 What amount must the transferee agency pay for the 
transfer of excess real property?
102-75.195 If the transferor agency is a wholly owned Government 
corporation, what amount must the transferee agency pay?
102-75.200 What amount must the transferee agency pay if property is 
being transferred for the purpose of upgrading the transferee 
agency's facilities?
102-75.205 Are transfers ever made without reimbursement by the 
transferee agency?
102-75.210 What must a transferee agency include in its request for 
an exception from the 100 percent reimbursement requirement?
102-75.215 Who must endorse requests for exception to the 100 
percent reimbursement requirement?
102-75.220 Where should an agency send a request for exception to 
the 100 percent reimbursement requirement?
102-75.225 Who must review and approve a request for exception from 
the 100 percent reimbursement requirement?
102-75.230 Who is responsible for property protection and 
maintenance costs while the request for exception is being reviewed?
102-75.235 May disposal agencies transfer excess property to the 
Senate, the House of Representatives, and the Architect of the 
Capitol?

Temporary Utilization

102-75.240 May excess real property be temporarily assigned/
reassigned?

Non-Federal Interim Use of Excess Property

102-75.245 When can landholding agencies grant rights for non-
Federal interim use of excess property reported to GSA?
Subpart C--Surplus Real Property Disposal
102-75.250 What general policy must the disposal agency follow 
concerning the disposal of surplus property?
102-75.255 What are disposal agencies' specific responsibilities 
concerning the disposal of surplus property?
102-75.260 When may the disposal agency dispose of surplus real 
property by exchange for privately owned property?
102-75.265 Are conveyance documents required to identify all 
agreements and representations concerning property restrictions and 
conditions?

Applicability of Antitrust Laws

102-75.270 Must antitrust laws be considered when disposing of 
property?
102-75.275 Who determines whether the proposed disposal would create 
or maintain a situation inconsistent with antitrust laws?
102-75.280 What information concerning a proposed disposal must a 
disposal agency provide to the Attorney General to determine the 
applicability of antitrust laws?
102-75.285 Can a disposal agency dispose of real property to a 
private interest specified in Sec.  102-75.270 before advice is 
received from the Attorney General?

Disposals Under Other Laws

102-75.290 Can disposals of real property be made under authority of 
laws other than Chapter 5 of Subtitle I of Title 40 of the United 
States Code?

Credit Disposals

102-75.295 What is the policy on extending credit in connection with 
the disposal of surplus property?

Designation of Disposal Agencies

102-75.296 When may a landholding agency other than GSA be the 
disposal agency for real and related personal property?
102-75.297 Are there any exceptions to when landholding agencies may 
serve as the disposal agency?
102-75.298 Can agencies request that GSA be the disposal agency for 
real property and real property interests described in Sec.  102-
75.296?
102-75.299 What are landholding agencies' responsibilities if GSA 
conducts the disposal?

Appraisal

102-75.300 Are appraisals required for all real property disposal 
transactions?
102-75.305 What type of appraisal value must be obtained for real 
property disposal transactions?
102-75.310 Who must agencies use to appraise the real property?
102-75.315 Are appraisers authorized to consider the effect of 
historic covenants on the fair market value?
102-75.320 Does appraisal information need to be kept confidential?

Inspection

102-75.325 What responsibility does the landholding agency have to 
provide persons the opportunity to inspect available surplus 
property?

Submission of Offers To Purchase or Lease

102-75.330 What form must all offers to purchase or lease be in?

Provisions Relating to Asbestos

102-75.335 Where asbestos is identified, what information must the 
disposal agency incorporate into the offer to purchase and the 
conveyance document?

Provisions Relating to Hazardous Substance Activity

102-75.340 Where hazardous substance activity has been identified on 
property proposed for disposal, what information must the disposal 
agency incorporate into the offer to purchase and the conveyance 
document?
102-75.345 What is different about the statements in the offer to 
purchase and conveyance document if the sale is to a potentially 
responsible party with respect to the hazardous substance activity?

Public Benefit Conveyances

102-75.350 What are disposal agencies' responsibilities concerning 
public benefit conveyances?
102-75.351 May the disposal agency waive screening for public 
benefit conveyances?
102-75.355 What clause must be in the offer to purchase and the 
conveyance documents for public benefit conveyances?
102-75.360 What wording must be in the non-discrimination clause 
that is required in the offer to purchase and the conveyance 
document?

Power Transmission Lines

102-75.365 Do disposal agencies have to notify State entities and 
Government agencies that a surplus power transmission line and 
right-of-way is available?
102-75.370 May a State, or any political subdivision thereof, 
certify to a disposal agency that it needs a surplus power 
transmission line and the right-of-way acquired for its construction 
to meet the requirements of a public or cooperative power project?
102-75.375 What happens once a State, or political subdivision, 
certifies that it needs a surplus power transmission line and the 
right-of-way acquired for its construction to meet the requirements 
of a public or cooperative power project?
102-75.380 May power transmission lines and rights-of-way be 
disposed of in other ways?

Property for Public Airports

102-75.385 Do disposal agencies have the responsibility to notify 
eligible public agencies that airport property has been determined 
to be surplus?
102-75.390 What does the term ``surplus airport property'' mean?
102-75.395 May surplus airport property be conveyed or disposed of 
to a State, political subdivision, municipality, or

[[Page 67813]]

tax-supported institution for a public airport?
102-75.400 Is industrial property located on an airport also 
considered to be ``airport property''?
102-75.405 What responsibilities does the Federal Aviation 
Administration (FAA) have after receiving a copy of the notice (and 
a copy of the Report of Excess Real Property (Standard Form 118)) 
given to eligible public agencies that there is surplus airport 
property?
102-75.410 What action must the disposal agency take after an 
eligible public agency has submitted a plan of use and application 
to acquire property for a public airport?
102-75.415 What happens after the disposal agency receives the FAA's 
recommendation for disposal of the property for a public airport?
102-75.420 What happens if the FAA informs the disposal agency that 
it does not recommend disposal of the property for a public airport?
102-75.425 Who has sole responsibility for enforcing compliance with 
the terms and conditions of disposal for property disposed of for 
use as a public airport?
102-75.430 What happens if property conveyed for use as a public 
airport is revested in the United States?
102-75.435 Does the Airport and Airway Development Act of 1970, as 
amended (Airport Act of 1970) apply to the transfer of airports to 
State and local agencies?

Property for Use as Historic Monuments

102-75.440 Who must disposal agencies notify that surplus property 
is available for historic monument use?
102-75.445 Who can convey surplus real and related personal property 
for historic monument use?
102-75.450 What type of property is suitable or desirable for use as 
a historic monument?
102-75.455 May historic monuments be used for revenue-producing 
activities?
102-75.460 What information must disposal agencies furnish eligible 
public agencies?
102-75.465 What information must eligible public agencies interested 
in acquiring real property for use as a historic monument submit to 
the appropriate regional or field offices of the National Park 
Service (NPS) of the Department of the Interior (DOI)?
102-75.470 What action must NPS take after an eligible public agency 
has submitted an application for conveyance of surplus property for 
use as a historic monument?
102-75.475 What happens after the disposal agency receives the 
Secretary of the Interior's determination for disposal of the 
surplus property for a historic monument and compatible revenue-
producing activities?
102-75.480 Who has the responsibility for enforcing compliance with 
the terms and conditions of disposal for surplus property conveyed 
for use as a historic monument?
102-75.485 What happens if property that was conveyed for use as a 
historic monument is revested in the United States?

Property for Educational and Public Health Purposes

102-75.490 Who must notify eligible public agencies that surplus 
real property for educational and public health purposes is 
available?
102-75.495 May the Department of Education (ED) or the Department of 
Health and Human Services (HHS) notify nonprofit organizations that 
surplus real property and related personal property is available for 
educational and public health purposes?
102-75.500 Which Federal agencies may the head of the disposal 
agency (or his or her designee) assign for disposal surplus real 
property to be used for educational and public health purposes?
102-75.505 Is the request for educational or public health use of a 
property by an eligible nonprofit institution contingent upon the 
disposal agency's approval?
102-75.510 When must the Department of Education and the Department 
of Health and Human Services notify the disposal agency that an 
eligible applicant is interested in acquiring the property?
102-75.515 What action must the disposal agency take after an 
eligible public agency has submitted a plan of use for property for 
an educational or public health requirement?
102-75.520 What must the Department of Education or the Department 
of Health and Human Services address in the assignment 
recommendation that is submitted to the disposal agency?
102-75.525 What responsibilities do landholding agencies have 
concerning properties to be used for educational and public health 
purposes?
102-75.530 What happens if the Department of Education or the 
Department of Health and Human Services does not approve any 
applications for conveyance of the property for educational or 
public health purposes?
102-75.535 What responsibilities does the Department of Education or 
the Department of Health and Human Services have after receiving the 
disposal agency's assignment letter?
102-75.540 Who is responsible for enforcing compliance with the 
terms and conditions of the transfer for educational or public 
health purposes?
102-75.545 What happens if property that was transferred to meet an 
educational or public health requirement is revested in the United 
States for noncompliance with the terms of sale, or other cause?

Property for Providing Self-Help Housing or Housing Assistance

102-75.550 What does ``self-help housing or housing assistance'' 
mean?
102-75.555 Which Federal agency receives the property assigned for 
self-help housing or housing assistance for low-income individuals 
or families?
102-75.560 Who notifies eligible public agencies that real property 
to be used for self-help housing or housing assistance purposes is 
available?
102-75.565 Is the requirement for self-help housing or housing 
assistance use of the property by an eligible public agency or 
nonprofit organization contingent upon the disposal agency's 
approval of an assignment recommendation from the Department of 
Housing and Urban Development (HUD)?
102-75.570 What happens if the disposal agency does not approve the 
assignment recommendation?
102-75.575 Who notifies nonprofit organizations that surplus real 
property and related personal property to be used for self-help 
housing or housing assistance purposes is available?
102-75.580 When must HUD notify the disposal agency that an eligible 
applicant is interested in acquiring the property?
102-75.585 What action must the disposal agency take after an 
eligible public agency has submitted a plan of use for property for 
a self-help housing or housing assistance requirement?
102-75.590 What does the assignment recommendation contain?
102-75.595 What responsibilities do landholding agencies have 
concerning properties to be used for self-help housing or housing 
assistance use?
102-75.600 What happens if HUD does not approve any applications for 
self-help housing or housing assistance use?
102-75.605 What responsibilities does HUD have after receiving the 
disposal agency's assignment letter?
102-75.610 Who is responsible for enforcing compliance with the 
terms and conditions of the transfer of the property for self-help 
housing or housing assistance use?
102-75.615 Who is responsible for enforcing compliance with the 
terms and conditions of property transferred under section 414(a) of 
the 1969 HUD Act?
102-75.620 What happens if property that was transferred to meet a 
self-help housing or housing assistance use requirement is found to 
be in noncompliance with the terms of sale?

Property for Use as Public Park or Recreation Areas

102-75.625 Which Federal agency is assigned surplus real property 
for public park or recreation purposes?
102-75.630 Who must disposal agencies notify that real property for 
public park or recreation purposes is available?
102-75.635 What information must the Department of the Interior 
(DOI) furnish eligible public agencies?
102-75.640 When must DOI notify the disposal agency that an eligible 
applicant is interested in acquiring the property?
102-75.645 What responsibilities do landholding agencies have 
concerning properties to be used for public park or recreation 
purposes?
102-75.650 When must DOI request assignment of the property?
102-75.655 What does the assignment recommendation contain?


[[Page 67814]]

102-75.660 What happens if DOI does not approve any applications or 
does not submit an assignment recommendation?
102-75.665 What happens after the disposal agency receives the 
assignment recommendation from DOI?
102-75.670 What responsibilities does DOI have after receiving the 
disposal agency's assignment letter?
102-75.675 What responsibilities does the grantee or recipient of 
the property have in accomplishing or completing the transfer?
102-75.680 What information must be included in the deed of 
conveyance of any surplus property transferred for public park or 
recreation purposes?
102-75.685 Who is responsible for enforcing compliance with the 
terms and conditions of the transfer of property used for public 
park or recreation purposes?
102-75.690 What happens if property that was transferred for use as 
a public park or recreation area is revested in the United States by 
reason of noncompliance with the terms or conditions of disposal, or 
for other cause?

Property for Displaced Persons

102-75.695 Who can receive surplus real property for the purpose of 
providing replacement housing for persons who are to be displaced by 
Federal or Federally assisted projects?
102-75.700 Which Federal agencies may solicit applications from 
eligible State agencies interested in acquiring the property to 
provide replacement housing for persons being displaced by Federal 
or Federally assisted projects?
102-75.705 When must the Federal agency notify the disposal agency 
that an eligible State agency is interested in acquiring the 
property under section 218?
102-75.710 What responsibilities do landholding and disposal 
agencies have concerning properties used for providing replacement 
housing for persons who will be displaced by Federal or Federally 
assisted projects?
102-75.715 When can a Federal agency request transfer of the 
property to the selected State agency?
102-75.720 Is there a specific or preferred format for the transfer 
request and who should receive it?
102-75.725 What does the transfer request contain?
102-75.730 What happens if a Federal agency does not submit a 
transfer request to the disposal agency for property to be used for 
replacement housing for persons who will be displaced by Federal or 
Federally assisted projects?
102-75.735 What happens after the disposal agency receives the 
transfer request from the Federal agency?
102-75.740 Does the State agency have any responsibilities in 
helping to accomplish the transfer of the property?
102-75.745 What happens if the property transfer request is not 
approved by the disposal agency?

Property for Correctional Facility, Law Enforcement, or Emergency 
Management Response Purposes

102-75.750 Who is eligible to receive surplus real and related 
personal property for correctional facility, law enforcement, or 
emergency management response purposes?
102-75.755 Which Federal agencies must the disposal agency notify 
concerning the availability of surplus properties for correctional 
facility, law enforcement, or emergency management response 
purposes?
102-75.760 Who must the Office of Justice Programs (OJP) and the 
Federal Emergency Management Agency (FEMA) notify that surplus real 
property is available for correctional facility, law enforcement, or 
emergency management response purposes?
102-75.765 What does the term ``law enforcement'' mean?
102-75.770 Is the disposal agency required to approve a 
determination by the Department of Justice (DOJ) that identifies 
surplus property for correctional facility use or for law 
enforcement use?
102-75.775 Is the disposal agency required to approve a 
determination by FEMA that identifies surplus property for emergency 
management response use?
102-75.780 When must DOJ or FEMA notify the disposal agency that an 
eligible applicant is interested in acquiring the property?
102-75.785 What specifically must DOJ or FEMA address in the 
assignment request or recommendation that is submitted to the 
disposal agency?
102-75.790 What responsibilities do landholding agencies and 
disposal agencies have concerning properties to be used for 
correctional facility, law enforcement, or emergency management 
response purposes?
102-75.795 What happens after the disposal agency receives the 
assignment request by DOJ or FEMA?
102-75.800 What information must be included in the deed of 
conveyance?
102-75.805 Who is responsible for enforcing compliance with the 
terms and conditions of the transfer of the property used for 
correctional facility, law enforcement, or emergency management 
response purposes?
102-75.810 What responsibilities do OJP or FEMA have if they 
discover any information indicating a change in use of a transferred 
property?
102-75.815 What happens if property conveyed for correctional 
facility, law enforcement, or emergency management response purposes 
is found to be in noncompliance with the terms of the conveyance 
documents?

Property for Port Facility Use

102-75.820 Which Federal agency is eligible to receive surplus real 
and related personal property for the development or operation of a 
port facility?
102-75.825 Who must the disposal agency notify when surplus real and 
related personal property is available for port facility use?
102-75.830 What does the surplus notice contain?
102-75.835 When must DOT notify the disposal agency that an eligible 
applicant is interested in acquiring the property?
102-75.840 What action must the disposal agency take after an 
eligible public agency has submitted a plan of use for and an 
application to acquire a port facility property?
102-75.845 What must DOT address in the assignment recommendation 
submitted to the disposal agency?
102-75.850 What responsibilities do landholding agencies have 
concerning properties to be used in the development or operation of 
a port facility?
102-75.855 What happens if DOT does not submit an assignment 
recommendation?
102-75.860 What happens after the disposal agency receives the 
assignment recommendation from DOT?
102-75.865 What responsibilities does DOT have after receiving the 
disposal agency's assignment letter?
102-75.870 Who is responsible for enforcing compliance with the 
terms and conditions of the port facility conveyance?
102-75.875 What happens in the case of repossession by the United 
States under a reversion of title for noncompliance with the terms 
or conditions of conveyance?

Negotiated Sales

102-75.880 When may Executive agencies conduct negotiated sales?
102-75.885 What are the disposal agency's responsibilities 
concerning negotiated sales?
102-75.890 What clause must be in the offer to purchase and 
conveyance documents for negotiated sales to public agencies?
102-75.895 What wording must generally be in the excess profits 
clause that is required in the offer to purchase and in the 
conveyance document?
102-75.900 What is a negotiated sale for economic development 
purposes?

Explanatory Statements for Negotiated Sales

102-75.905 When must the disposal agency prepare an explanatory 
statement?
102-75.910 Are there any exceptions to this policy of preparing 
explanatory statements?
102-75.915 Do disposal agencies need to retain a copy of the 
explanatory statement?
102-75.920 Where is the explanatory statement sent?
102-75.925 Is GSA required to furnish the disposal agency with the 
explanatory statement's transmittal letter sent to Congress?
102-75.930 What happens if there is no objection by an appropriate 
committee or subcommittee of Congress concerning the proposed 
negotiated sale?

Public Sales

102-75.935 What are disposal agencies' responsibilities concerning 
public sales?



[[Page 67815]]

Disposing of Easements

102-75.936 When can an agency dispose of an easement?
102-75.937 Can an easement be released or disposed of at no cost?
102-75.938 May the easement and the land that benefited from the 
easement (dominant estate) be disposed of separately?

Granting Easements

102-75.939 When can agencies grant easements?
102-75.940 Can agencies grant easements at no cost?
102-75.941 Does an agency retain responsibility for the easement?
102-75.942 What must agencies consider when granting easements?
102-75.943 What happens if granting an easement will reduce the 
value of the property?

Non-Federal Interim Use of Surplus Property

102-75.944 Can landholding agencies outlease surplus real property 
for non-Federal interim use?
Subpart D--Management of Excess and Surplus Real Property
102-75.945 What is GSA's policy concerning the physical care, 
handling, protection, and maintenance of excess and surplus real 
property and related personal property?

Taxes and Other Obligations

102-75.950 Who has the responsibility for paying property-related 
obligations pending transfer or disposal of the property?

Decontamination

102-75.955 Who is responsible for decontaminating excess and surplus 
real property?

Improvements or Alterations

102-75.960 May landholding agencies make improvements or alterations 
to excess or surplus property in those cases where disposal is 
otherwise not feasible?

Protection and Maintenance

102-75.965 Who must perform the protection and maintenance of excess 
and surplus real property pending transfer to another Federal agency 
or disposal?
102-75.970 How long is the landholding agency responsible for the 
expense of protection and maintenance of excess and surplus real 
property pending its transfer or disposal?
102-75.975 What happens if the property is not conveyed or disposed 
of during this time frame?
102-75.980 Who is responsible for protection and maintenance 
expenses if there is no written agreement or no Congressional 
appropriation to the disposal agency?

Assistance in Disposition

102-75.985 Is the landholding agency required to assist the disposal 
agency in the disposition process?
Subpart E--Abandonment, Destruction, or Donation to Public Bodies
102-75.990 May Federal agencies abandon, destroy, or donate to 
public bodies real property?

Dangerous Property

102-75.995 May Federal agencies dispose of dangerous property?

Determinations

102-75.1000 How is the decision made to abandon, destroy, or donate 
property?
102-75.1005 Who can make the determination within the Federal agency 
on whether a property can be abandoned, destroyed, or donated?
102-75.1010 When is a reviewing authority required to approve the 
determination concerning a property that is to be abandoned, 
destroyed, or donated?

Restrictions

102-75.1015 Are there any restrictions on Federal agencies 
concerning property donations to public bodies?

Disposal Costs

102-75.1020 Are public bodies ever required to pay the disposal 
costs associated with donated property?

Abandonment and Destruction

102-75.1025 When can a Federal agency abandon or destroy 
improvements on land or related personal property in lieu of 
donating it to a public body?
102-75.1030 May Federal agencies abandon or destroy property in any 
manner they decide?
102-75.1035 Are there any restrictions on Federal agencies 
concerning the abandonment or destruction of improvements on land or 
related personal property?
102-75.1040 May Federal agencies abandon or destroy improvements on 
land or related personal property before public notice is given of 
such proposed abandonment or destruction?
102-75.1045 Are there exceptions to the policy that requires public 
notice be given before Federal agencies abandon or destroy 
improvements on land or related personal property?
102-75.1050 Is there any property for which this subpart does not 
apply?
Subpart F--Delegations

Delegation to the Department of Defense (DoD)

102-75.1055 What is the policy governing delegations of real 
property disposal authority to the Secretary of Defense?
102-75.1060 What must the Secretary of Defense do before determining 
that DoD-controlled excess real property and related personal 
property is not required for the needs of any Federal agency and 
prior to disposal?
102-75.1065 When using a delegation of real property disposal 
authority under this subpart, is DoD required to report excess 
property to GSA?
102-75.1070 Can this delegation of authority to the Secretary of 
Defense be redelegated?

Delegation to the Department of Agriculture (USDA)

102-75.1075 What is the policy governing delegations of real 
property disposal authority to the Secretary of Agriculture?
102-75.1080 What must the Secretary of Agriculture do before 
determining that USDA-controlled excess real property and related 
personal property is not required for the needs of any Federal 
agency and prior to disposal?
102-75.1085 When using a delegation of real property disposal 
authority under this subpart, is the USDA required to report excess 
property to GSA?
102-75.1090 Can this delegation of authority to the Secretary of 
Agriculture be redelegated?

Delegation to the Department of the Interior

102-75.1095 What is the policy governing delegations of authority to 
the Secretary of the Interior?
102-75.1100 Can this delegation of authority to the Secretary of the 
Interior be redelegated?
102-75.1105 What other responsibilities does the Secretary of the 
Interior have under this delegation of authority?

Native American-Related Delegations

102-75.1110 What is the policy governing delegations of authority to 
the Secretary of the Interior, the Secretary of Health and Human 
Services, and the Secretary of Education for property used in the 
administration of any Native American-related functions?
102-75.1115 Are there any limitations or restrictions on this 
delegation of authority?
102-75.1120 Does the property have to be Federally screened?
102-75.1125 Can the transfer/retransfer under this delegation be at 
no cost or without consideration?
102-75.1130 What action must the Secretary requesting the transfer 
take where funds were not programmed and appropriated for 
acquisition of the property?
102-75.1135 May this delegation of authority to the Secretary of the 
Interior, the Secretary of Health and Human Services, and the 
Secretary of Education be redelegated?
Subpart G--Conditional Gifts of Real Property to Further the Defense 
Effort
102-75.1140 What is the policy governing the acceptance or rejection 
of a conditional gift of real property for a particular defense 
purpose?
102-75.1145 What action must the Federal agency receiving an offer 
of a conditional gift take?
102-75.1150 What happens to the gift if GSA determines it to be 
acceptable?
102-75.1155 May an acceptable gift of property be converted to 
money?

[[Page 67816]]

Subpart H--Use of Federal Real Property to Assist the Homeless

Definitions

102-75.1160 What definitions apply to this subpart?

Applicability

102-75.1165 What is the applicability of this subpart?

Collecting the Information

102-75.1170 How will information be collected?

Suitability Determination

102-75.1175 Who issues the suitability determination?

Real Property Reported Excess to GSA

102-75.1180 For the purposes of this subpart, what is the policy 
concerning real property reported excess to GSA?

Suitability Criteria

102-75.1185 What are suitability criteria?

Determination of Availability

102-75.1190 What is the policy concerning determination of 
availability statements?

Public Notice of Determination

102-75.1195 What is the policy concerning making public the notice 
of determination?

Application Process

102-75.1200 How may representatives of the homeless apply for the 
use of properties to assist the homeless?

Action on Approved Applications

102-75.1205 What action must be taken on approved applications?

Unsuitable Properties

102-75.1210 What action must be taken on properties determined 
unsuitable for homeless assistance?

No Applications Approved

102-75.1215 What action must be taken if there is no expression of 
interest?
Subpart I--Screening Excess Federal Real Property
102-75.1220 How do landholding agencies find out if excess Federal 
real property is available?
102-75.1225 What details are provided in the ``Notice of 
Availability''?
102-75.1230 How long does an agency have to indicate its interest in 
the property?
102-75.1235 Where should an agency send its written response to the 
``Notice of Availability''?
102-75.1240 Who, from the interested landholding agency, should 
submit the written response to GSA's ``Notice of Availability''?
102-75.1245 What happens after the landholding agency properly 
responds to a ``Notice of Availability''?
102-75.1250 What if the agency is not quite sure it wants the 
property and needs more time to decide?
102-75.1255 What happens when more than one agency has a valid 
interest in the property?
102-75.1260 Does GSA conduct Federal screening on every property 
reported as excess real property?
102-75.1265 Are extensions granted to the Federal screening and 
response timeframes?
102-75.1270 How does an agency request a transfer of Federal real 
property?
102-75.1275 Does a requesting agency have to pay for excess real 
property?
102-75.1280 What happens if the property has already been declared 
surplus and an agency discovers a need for it?
102-75.1285 How does GSA transfer excess real property to the 
requesting agency?
102-75.1290 What happens if the landholding agency requesting the 
property does not promptly accept custody and accountability?

    Authority:  40 U.S.C. 121(c), 521-523, 541-559; E.O. 12512, 50 
FR 18453, 3 CFR, 1985 Comp., p. 340.

Subpart A--General Provisions


Sec.  102-75.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services. Federal agencies with authority to dispose of real property 
under Subchapter III of Chapter 5 of Title 40 of the United States Code 
will be referred to as ``disposal agencies'' in this part. Except in 
rare instances where GSA delegates disposal authority to a Federal 
agency, the ``disposal agency'' as used in this part refers to GSA.


Sec.  102-75.10  What basic real property disposal policy governs 
disposal agencies?

    Disposal agencies must provide, in a timely, efficient, and cost 
effective manner, the full range of real estate services necessary to 
support their real property utilization and disposal needs. Landholding 
agencies must survey the real property under their custody or control 
to identify property that is not utilized, underutilized, or not being 
put to optimum use. Disposal agencies must have adequate procedures in 
place to promote the effective utilization and disposal of such real 
property.

Real Property Disposal Services


Sec.  102-75.15  What real property disposal services must agencies 
provide under a delegation of authority from GSA?

    Disposal agencies must provide real property disposal services for 
real property assets under their custody and control, such as the 
utilization of excess property, surveys, and the disposal of surplus 
property, which includes public benefit conveyances, negotiated sales, 
public sales, related disposal services, and appraisals.


Sec.  102-75.20  How can Federal agencies with independent disposal 
authority obtain related disposal services?

    Federal agencies with independent disposal authority are encouraged 
to obtain utilization, disposal, and related services from those 
agencies with expertise in real property disposal, such as GSA, as 
allowed by 31 U.S.C. 1535 (the Economy Act), so that they can remain 
focused on their core mission.

Subpart B--Utilization of Excess Real Property


Sec.  102-75.25  What are landholding agencies' responsibilities 
concerning the utilization of excess property?

    Landholding agencies' responsibilities concerning the utilization 
of excess property are to--
    (a) Achieve maximum use of their real property, in terms of economy 
and efficiency, to minimize expenditures for the purchase of real 
property;
    (b) Increase the identification and reporting of their excess real 
property; and
    (c) Fulfill its needs for real property, so far as practicable, by 
utilization of real property determined excess by other agencies, 
pursuant to the provision of this part, before it purchases non-Federal 
real property.


Sec.  102-75.30  What are disposal agencies' responsibilities 
concerning the utilization of excess property?

    Disposal agencies' responsibilities concerning the utilization of 
excess property are to--
    (a) 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; and
    (b) Resolve conflicting requests for transferring real property 
that the involved agencies cannot resolve.


Sec.  102-75.35  [Reserved]

Standards


Sec.  102-75.40  What are the standards that each Executive agency must 
use to identify unneeded Federal real property?

    Each Executive agency must identify unneeded Federal property using 
the following standards:
    (a) Not utilized.
    (b) Underutilized.
    (c) Not being put to optimum use.

[[Page 67817]]

Sec.  102-75.45  What does the term ``Not utilized'' mean?

    Not utilized means an entire property or portion thereof, with or 
without improvements, not occupied for current program purposes of the 
accountable Executive agency, or occupied in caretaker status only.


Sec.  102-75.50  What does the term ``Underutilized'' mean?

    Underutilized means an entire property or portion thereof, with or 
without improvements, which is used--
    (a) Irregularly or intermittently by the accountable Executive 
agency for current program purposes of that agency; or
    (b) For current program purposes that can be satisfied with only a 
portion of the property.


Sec.  102-75.55  What does the term ``Not being put to optimum use'' 
mean?

    Not being put to optimum use means an entire property or portion 
thereof, with or without improvements, which--
    (a) Even though used for current program purposes, the nature, 
value, or location of the property is such that it could be utilized 
for a different and significantly higher and better purpose; or
    (b) The costs of occupying are substantially higher than other 
suitable properties that could be made available through transfer, 
purchase, or lease with total net savings to the Government, after 
considering property values, costs of moving, occupancy, operational 
efficiency, environmental effects, regional planning, and employee 
morale.

Guidelines


Sec.  102-75.60  What are landholding agencies' responsibilities 
concerning real property surveys?

    A landholding agency's responsibilities concerning real property 
utilization surveys are to--
    (a) Survey real property under its control (i.e., property reported 
on its financial statements) at least annually to identify property 
that is not utilized, 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 use would better serve the public interest, considering both 
the Federal agency's needs and the property's location. In conducting 
annual reviews of their property holdings, the GSA Customer Guide to 
Real Property Disposal can provide guidelines for Executive agencies to 
consider in identifying unneeded Federal real property;
    (b) Maintain its inventory of real property at the absolute minimum 
consistent with economical and efficient conduct of the affairs of the 
agency; and
    (c) Promptly report to GSA real property that it has determined to 
be excess.


Sec.  102-75.65  Why is it important for Executive agencies to notify 
the disposal agency of its real property needs?

    It is important that each Executive agency notify the disposal 
agency of its real property needs to determine whether the excess or 
surplus property of another agency is available that would meet its 
need and prevent the unnecessary purchase or lease of real property.


Sec.  102-75.70  Are there any exceptions to this notification policy?

    Yes, Executive agencies are not required to notify the disposal 
agency when an agency's proposed acquisition of real property is 
dictated by such factors as exact geographical location, topography, 
engineering, or similar characteristics that limit the possible use of 
other available property. For example, Executive agencies are not 
required to notify disposal agencies concerning the acquisition of real 
property for a dam site, reservoir area, or the construction of a 
generating plant or a substation, since specific lands are needed, 
which limit the possible use of other available property. Therefore, no 
useful purpose would be served by notifying the disposal agency.


Sec.  102-75.75  What is the most important consideration in evaluating 
a proposed transfer of excess real property?

    In every case of a proposed transfer of excess real property, the 
most important consideration is the validity and appropriateness of the 
requirement upon which the proposal is based. Also, a proposed transfer 
must not establish a new program that has never been reflected in any 
previous budget submission or congressional action. Additionally, a 
proposed transfer must not substantially increase the level of an 
agency's existing programs beyond that which has been contemplated in 
the President's budget or by the Congress.
    (Note: See Subpart I--Screening of Excess Federal Real Property 
(Sec. Sec.  102-75.1220 through 102-75.1290) for information on 
screening and transfer requests.)


Sec.  102-75.80  What are an Executive agency's responsibilities before 
requesting a transfer of excess real property?

    Before requesting a transfer of excess real property, an Executive 
agency must--
    (a) Screen its own property holdings to determine whether the new 
requirement can be met through improved utilization of existing real 
property; however, the utilization must be for purposes that are 
consistent with the highest and best use of the property under 
consideration;
    (b) Review all real property under its accountability that has been 
permitted or outleased and terminate the permit or lease for any 
property, or portion thereof, suitable for the proposed need, if 
termination is not prohibited by the terms of the permit or lease;
    (c) Utilize property that is or can be made available under Sec.  
102-75.80(a) or (b) for the proposed need in lieu of requesting a 
transfer of excess real property and reassign the property, when 
appropriate;
    (d) Confirm that the appraised fair market value of the excess real 
property proposed for transfer will not substantially exceed the 
probable purchase price of other real property that would be suitable 
for the intended purpose;
    (e) Limit the size and quantity of excess real property to be 
transferred to the actual requirements and separate, if possible, other 
portions of the excess installation for possible disposal to other 
agencies or to the public; and
    (f) Consider the design, layout, geographic location, age, state of 
repair, and expected maintenance costs of excess real property proposed 
for transfer; agencies must be able to demonstrate that the transfer 
will be more economical over a sustained period of time than the 
acquisition of a new facility specifically planned for the purpose.


Sec.  102-75.85  Can disposal agencies transfer excess real property to 
agencies for programs that appear to be scheduled for substantial 
curtailment or termination?

    Yes, but only on a temporary basis with the condition that the 
property will be released for further Federal utilization or disposal 
as surplus property at an agreed upon time when the transfer is 
arranged.


Sec.  102-75.90  How is excess real property needed for office, 
storage, and related purposes normally transferred to the requesting 
agency?

    GSA may temporarily assign or direct the use of such excess real 
property to the requesting agency. See Sec.  102-75.240.

[[Page 67818]]

Sec.  102-75.95  Can Federal agencies that normally do not require real 
property (other than for office, storage, and related purposes) or that 
may not have statutory authority to acquire such property, obtain the 
use of excess real property?

    Yes, GSA can authorize the use of excess real property for an 
approved program. See Sec.  102-75.240.

Land Withdrawn or Reserved From the Public Domain


Sec.  102-75.100  When an agency holds land withdrawn or reserved from 
the public domain and determines that it no longer needs this land, 
what must it do?

    An agency holding unneeded land withdrawn or reserved from the 
public domain must submit to the appropriate GSA Regional Office a 
Report of Excess Real Property (Standard Form 118), with appropriate 
Schedules A, B, and C, only when--
    (a) It has filed a notice of intention to relinquish with the 
Department of the Interior (43 CFR part 2372 et seq.) and sent a copy 
of the notice to the appropriate GSA Regional Office;
    (b) The Department of the Interior has notified the agency that the 
Secretary of the Interior has determined that the lands are not 
suitable for return to the public domain for disposition under the 
general public land laws because the lands are substantially changed in 
character by improvements or otherwise; and
    (c) The Department of the Interior provides a report identifying 
whether or not any other agency claims primary, joint, or secondary 
jurisdiction over the lands and whether its records show that the lands 
are encumbered by rights or privileges under the public land laws.


Sec.  102-75.105  What responsibility does the Department of the 
Interior have if it determines that minerals in the land are unsuitable 
for disposition under the public land mining and mineral leasing laws?

    In such cases, the Department of the Interior must--
    (a) Notify the appropriate GSA Regional Office of such a 
determination; and
    (b) Authorize the landholding agency to identify in the Standard 
Form 118 any minerals in the land that the Department of the Interior 
determines to be unsuitable for disposition under the public land 
mining and mineral leasing laws.

Transfers Under Other Laws


Sec.  102-75.110  Can transfers of real property be made under 
authority of laws other than those codified in Title 40 of the United 
States Code?

    Yes, the provisions of this section shall not apply to transfers of 
real property authorized to be made by 40 U.S.C. 113(e) or by any 
special statute that directs or requires an Executive agency to 
transfer or convey specifically described real property in accordance 
with the provisions of that statute. Transfers of real property must be 
made only under the authority of Title 40 of the United States Code, 
unless the independent authority granted to such agency specifically 
exempts the authority from the requirements of Title 40.

Reporting of Excess Real Property


Sec.  102-75.115  Must reports of excess real property and related 
personal property be prepared on specific forms?

    Yes, landholding agencies must prepare reports of excess real 
property and related personal property on--
    (a) Standard Form 118, Report of Excess Real Property, and 
accompanying Standard Form 118a, Buildings Structures, Utilities, and 
Miscellaneous Facilities, Schedule A;
    (b) Standard Form 118b, Land, Schedule B; and
    (c) Standard Form 118c, Related Personal Property, Schedule C.


Sec.  102-75.120  Is there any other information that needs to 
accompany (or be submitted with) the Report of Excess Real Property 
(Standard Form 118)?

    Yes, in all cases where Government-owned land is reported excess, 
Executive agencies must include a title report, prepared or approved by 
a qualified employee of the landholding agency, documenting the 
Government's title to the property.

Title Report


Sec.  102-75.125  What information must agencies include in the title 
report?

    When completing the title report, agencies must include--
    (a) The description of the property;
    (b) The date title vested in the United States;
    (c) All exceptions, reservations, conditions, and restrictions, 
relating to the title;
    (d) Detailed information concerning any action, thing, or 
circumstance that occurred from the date the United States acquired the 
property to the date of the report that in any way affected or may have 
affected the United States' right, title, or interest in and to the 
real property (including copies of legal comments or opinions 
discussing the manner in which and the extent to which such right, 
title, or interest may have been affected). In the absence of any such 
action, thing, or circumstance, a statement to that effect must be made 
a part of the report;
    (e) The status of civil and criminal jurisdiction over the land 
that is peculiar to the property by reason of it being Government-owned 
land. In the absence of any special circumstances, a statement to that 
effect must be made a part of the report;
    (f) Detailed information regarding any known flood hazards or 
flooding of the property, and, if the property is located in a flood-
plain or on wetlands, a listing of restricted uses (along with the 
citations) identified in Federal, State, or local regulations as 
required by Executive Orders 11988 and 11990 of May 24, 1977;
    (g) The specific identification and description of fixtures and 
related personal property that have possible historic or artistic 
value;
    (h) The historical significance of the property and whether the 
property is listed, is eligible for, or has been nominated for listing 
in the National Register of Historic Places or is in proximity to a 
property listed in the National Register. If the landholding agency is 
aware of any effort by the public to have the property listed in the 
National Register, it must also include this information;
    (i) A description of the type, location, and condition of asbestos 
incorporated in the construction, repair, or alteration of any building 
or improvement on the property (e.g., fire-proofing, pipe insulation, 
etc.) and a description of any asbestos control measures taken for the 
property. Agencies must also provide to GSA any available indication of 
costs and/or time necessary to remove all or any portion of the 
asbestos-containing materials. Agencies are not required to conduct any 
specific studies and/or tests to obtain this information. (The 
provisions of this subpart do not apply to asbestos on Federal property 
that is subject to section 120(h) of the Superfund Amendments and 
Reauthorization Act of 1986, Public Law 99-499);
    (j) A statement indicating whether or not lead-based paint is 
present on the property. Additionally, if the property is target 
housing (all housing except housing for the elderly or persons with 
disabilities or any zero bedroom dwelling) constructed prior to 1978, 
provide a risk assessment and paint inspection report that details all 
lead-based paint hazards; and
    (k) A statement indicating whether or not, during the time the 
property was owned by the United States, any hazardous substance 
activity, as defined by regulations issued by the U.S. Environmental 
Protection Agency (EPA) at 40 CFR part 373, took place on the property. 
Hazardous substance activity

[[Page 67819]]

includes situations where any hazardous substance was stored for one 
year or more, known to have been released, or disposed of on the 
property. Agencies reporting such property must review the regulations 
issued by EPA at 40 CFR part 373 for details on the information 
required and must comply with these requirements. In addition, agencies 
reporting such property shall review and comply with the regulations 
for the utilization and disposal of hazardous materials and certain 
categories of property set forth at 41 CFR part 101-42.


Sec.  102-75.130  If hazardous substance activity took place on the 
property, what specific information must an agency include in the title 
report?

    If hazardous substance activity took place on the property, the 
reporting agency must include information on the type and quantity of 
such hazardous substance and the time at which such storage, release, 
or disposal took place. The reporting agency must also advise the 
disposal agency if all remedial action necessary to protect human 
health and the environment with respect to any such hazardous substance 
activity was taken before the date the property was reported excess. If 
such action was not taken, the reporting agency must advise the 
disposal agency when such action will be completed or how the agency 
expects to comply with the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) in the disposal. See 
Sec. Sec.  102-75.340 and 102-75.345.


Sec.  102-75.135  If no hazardous substance activity took place on the 
property, what specific information must an agency include in the title 
report?

    If no hazardous substance activity took place, the reporting agency 
must include the following statement:
    The (reporting agency) has determined, in accordance with 
regulations issued by EPA at 40 CFR part 373, that there is no 
evidence indicating that hazardous substance activity took place on 
the property during the time the property was owned by the United 
States.

Other Necessary Information


Sec.  102-75.140  In addition to the title report, and all necessary 
environmental information and certifications, what information must an 
Executive agency transmit with the Report of Excess Real Property 
(Standard Form 118)?

    Executive agencies must provide--
    (a) A legible, reproducible copy of all instruments in possession 
of the agency that affect the United States' right, title, or interest 
in the property reported or the use and operation of such property 
(including agreements covering and licenses to use, any patents, 
processes, techniques, or inventions). If it is impracticable to 
transmit the abstracts of title and related title evidence, agencies 
must provide the name and address of the custodian of such documents in 
the title report referred to in Sec.  102-75.120;
    (b) Any appraisal reports indicating or providing the fair market 
value or the fair annual rental of the property, if requested by the 
disposal agency; and
    (c) A certification by a responsible person that the property does 
or does not contain polychlorinated biphenyl (PCB) transformers or 
other equipment regulated by EPA under 40 CFR part 761, if requested by 
the disposal agency. If the property does contain any equipment subject 
to EPA regulation under 40 CFR part 761, the certification must include 
the landholding agency's assurance that each piece of equipment is now 
and will continue to be in compliance with the EPA regulations until 
disposal of the property.

Examination for Acceptability


Sec.  102-75.145  Is GSA required to review each report of excess?

    Yes, GSA must review each report of excess to ascertain whether the 
report was prepared according to the provisions of this part. GSA must 
notify the landholding agency, in writing, whether the report is 
acceptable or other information is needed within 15 calendar days after 
receipt of the report.


Sec.  102-75.150  What happens when GSA determines that the report of 
excess is adequate?

    When GSA determines that a report is adequate, GSA will accept the 
report and inform the landholding agency of the acceptance date. 
However, the landholding agency must, upon request, promptly furnish 
any additional information or documents relating to the property 
required by GSA to accomplish a transfer or a disposal.


Sec.  102-75.155  What happens if GSA determines that the report of 
excess is insufficient?

    Where GSA determines that a report is insufficient, GSA will return 
the report and inform the landholding agency of the facts and 
circumstances that make the report insufficient. The landholding agency 
must promptly take appropriate action to submit an acceptable report to 
GSA. If the landholding agency is unable to submit an acceptable 
report, the property will no longer be considered as excess property 
and the disposal agency will cease activity for the disposal of the 
property. However, GSA may accept the report of excess on a conditional 
basis and identify what deficiencies in the report must be corrected in 
order for the report to gain full acceptance.

Designation as Personal Property


Sec.  102-75.160  Should prefabricated movable structures be designated 
real or personal property for disposition purposes?

    Prefabricated movable structures such as Butler-type storage 
warehouses, Quonset huts, and house trailers (with or without 
undercarriages) reported to GSA along with the land on which they are 
located may, at GSA's discretion, be designated for disposition as 
personal property for off-site use or as real property for disposal 
with the land.


Sec.  102-75.165  Should related personal property be designated real 
or personal property for disposition purposes?

    Related personal property may, at the disposal agency's discretion, 
be designated as personal property for disposal purposes. However, for 
fine artwork and sculptures, GSA's policy is that artwork specifically 
created for a Federal building is considered as a fixture of the 
building. This also applies to sculptures created for a Federal 
building or a public park. Disposal agencies must follow the policies 
and guidance for disposal of artwork and sculptures developed by the 
GSA Office of the Chief Architect, Center for Design Excellence and the 
Arts, and the Bulletin dated March 26, 1934, entitled ``Legal Title to 
Works Produced under the Public Works of Art Project.''


Sec.  102-75.170  What happens to the related personal property in a 
structure scheduled for demolition?

    When a structure is to be demolished, any fixtures or related 
personal property therein may, at the disposal agency's discretion, be 
designated for disposition as personal property where a ready 
disposition can be made of these items. As indicated in Sec.  102-
75.165, particular consideration should be given to designating items 
having possible historical or artistic value as personal property.

Transfers


Sec.  102-75.175  What are GSA's responsibilities regarding transfer 
requests?

    Before property can be transferred among Federal agencies, to 
mixed-ownership Government corporations, and to the municipal 
government of the District of Columbia, GSA must determine that--
    (a) The transfer is in the best interest of the Government;

[[Page 67820]]

    (b) The requesting agency is the appropriate agency to hold the 
property; and
    (c) The proposed land use will maximize use of the real property, 
in terms of economy and efficiency, to minimize expenditures for the 
purchase of real property.
    (Note: See Subpart I--Screening of Excess Federal Real Property 
(Sec. Sec.  102-75.1220 through 102-75.1290) for information on 
screening and transfer requests.)


Sec.  102-75.180  May landholding agencies transfer excess real 
property without notifying GSA?

    Landholding agencies may, without notifying GSA, transfer excess 
real property that they use, occupy, or control under a lease, permit, 
license, easement, or similar instrument when--
    (a) The lease or other instrument is subject to termination by the 
grantor or owner of the premises within nine months;
    (b) The remaining term of the lease or other instrument, including 
renewal rights, will provide for less than nine months of use and 
occupancy; or
    (c) The lease or other instrument provides for use and occupancy of 
space for office, storage, and related facilities, which does not 
exceed a total of 2,500 square feet.


Sec.  102-75.185  In those instances where landholding agencies may 
transfer excess real property without notifying GSA, which policies 
must they follow?

    In those instances, landholding agencies must transfer property 
following the policies in this subpart.


Sec.  102-75.190  What amount must the transferee agency pay for the 
transfer of excess real property?

    The transferee agency must pay an amount equal to the property's 
fair market value (determined by the Administrator)--
    (a) Where the transferor agency has requested the net proceeds of 
the transfer pursuant to 40 U.S.C. 574; or
    (b) Where either the transferor or transferee agency (or 
organizational unit affected) is subject to the Government Corporation 
Control Act (31 U.S.C. 841), is a mixed-ownership Government 
corporation, or the municipal government of the District of Columbia.


Sec.  102-75.195  If the transferor agency is a wholly owned Government 
corporation, what amount must the transferee agency pay?

    As may be agreed upon by GSA and the corporation, the transferee 
agency must pay an amount equal to--
    (a) The estimated fair market value of the property; or
    (b) The corporation's book value of the property.


Sec.  102-75.200  What amount must the transferee agency pay if 
property is being transferred for the purpose of upgrading the 
transferee agency's facilities?

    Where the transfer is for the purpose of upgrading facilities 
(i.e., for the purpose of replacing other property of the transferee 
agency, which because of the location, nature, or condition thereof, is 
less efficient for use), the transferee must pay an amount equal to the 
difference between the fair market value of the property to be replaced 
and the fair market value of the property requested, as determined by 
the Administrator.


Sec.  102-75.205  Are transfers ever made without reimbursement by the 
transferee agency?

    Transfers may be made without reimbursement by the transferee 
agency only if--
    (a) Congress has specifically authorized the transfer without 
reimbursement, or
    (b) The Administrator, with the approval of the Director of the 
Office of Management and Budget (OMB), has approved a request for an 
exception from the 100 percent reimbursement requirement.


Sec.  102-75.210  What must a transferee agency include in its request 
for an exception from the 100 percent reimbursement requirement?

    The request must include an explanation of how granting the 
exception would further essential agency program objectives and at the 
same time be consistent with Executive Order 12512, Federal Real 
Property Management, dated April 29, 1985. The transferee agency must 
attach the explanation to the Request for Transfer of Excess Real and 
Related Personal Property (GSA Form 1334) prior to submitting the form 
to GSA. The unavailability of funds alone is not sufficient to justify 
an exception.


Sec.  102-75.215  Who must endorse requests for exception to the 100 
percent reimbursement requirement?

    Agency heads must endorse requests for exceptions to the 100 
percent reimbursement requirement.


Sec.  102-75.220  Where should an agency send a request for exception 
to the 100 percent reimbursement requirement?

    Agencies must submit all requests for exception from the 100 
percent reimbursement requirement to the appropriate GSA regional 
property disposal office.


Sec.  102-75.225  Who must review and approve a request for exception 
from the 100 percent reimbursement requirement?

    The Administrator must review all requests for exception from the 
100 percent reimbursement requirement. If the Administrator approves 
the request, it is then submitted to OMB for final concurrence. If OMB 
approves the request, then GSA may complete the transfer.


Sec.  102-75.230  Who is responsible for property protection and 
maintenance costs while the request for exception is being reviewed?

    The agency requesting the property will assume responsibility for 
protection and maintenance costs not more than 40 days from the date of 
the Administrator's letter to OMB requesting concurrence for an 
exception to the 100 percent reimbursement requirement. If the request 
is denied, the requesting agency may pay the fair market value for the 
property or withdraw its request. If the request is withdrawn, 
responsibility for protection and maintenance cost will return to the 
landholding agency at that time.


Sec.  102-75.235  May disposal agencies transfer excess property to the 
Senate, the House of Representatives, and the Architect of the Capitol?

    Yes, disposal agencies may transfer excess property to the Senate, 
the House of Representatives, and the Architect of the Capitol and any 
activities under his or her direction, pursuant to the provisions of 40 
U.S.C. 113(d). The amount of reimbursement for such transfer must be 
the same as would be required for a transfer of excess property to an 
Executive agency under similar circumstances.

Temporary Utilization


Sec.  102-75.240  May excess real property be temporarily assigned/
reassigned?

    Yes, whenever GSA determines that it is more advantageous to assign 
property temporarily rather than permanently, it may do so. If the 
space is for office, storage, or related facilities, GSA will determine 
the length of the assignment/reassignment. Agencies are required to 
reimburse the landholding agency (or GSA, if GSA has become responsible 
for seeking an appropriation for protection and maintenance expenses) 
(see Sec.  102-75.970) for protection and maintenance expenses. GSA may 
also temporarily assign/reassign excess real property for uses other 
than storage, office or related facilities. In such cases, the agency 
receiving the temporary assignment may be required to pay a rental or 
users charge based upon the fair market value of the property, as 
determined by GSA.

[[Page 67821]]

 If the property will be required by the agency for a period of more 
than 1 year, it may be transferred on a conditional basis, with an 
understanding that the property will be reported excess at an agreed 
upon time (see Sec.  102-75.85). The requesting agency is responsible 
for protection and maintenance expenses.

Non-Federal Interim Use of Excess Property


Sec.  102-75.245  When can landholding agencies grant rights for non-
Federal interim use of excess property reported to GSA?

    Landholding agencies, upon approval from GSA, may grant rights for 
non-Federal interim use of excess property reported to GSA, when it is 
determined that such excess property is not required for the needs of 
any Federal agency and when the interim use will not impair the ability 
to dispose of the property.

Subpart C--Surplus Real Property Disposal


Sec.  102-75.250  What general policy must the disposal agency follow 
concerning the disposal of surplus property?

    The disposal agency must dispose of surplus real property--
    (a) In the most economical manner consistent with the best 
interests of the Government; and
    (b) Ordinarily for cash, consistent with the best interests of the 
Government.


Sec.  102-75.255  What are disposal agencies' specific responsibilities 
concerning the disposal of surplus property?

    The disposal agency must determine that there is no further Federal 
need or requirement for the excess real property and the property is 
surplus to the needs of the Federal Government. After reaching this 
determination, the disposal agency must expeditiously make the surplus 
property available for acquisition by State and local governmental 
units and non-profit institutions (see Sec.  102-75.350) or for sale by 
public advertising, negotiation, or other disposal action. The disposal 
agency must consider the availability of real property for public 
purposes on a case-by-case basis, based on highest and best use and 
estimated fair market value. Where hazardous substance activity is 
identified, see Sec. Sec.  102-75.340 and 102-75.345 for required 
information that the disposal agency must incorporate into the offer to 
purchase and conveyance document.


Sec.  102-75.260  When may the disposal agency dispose of surplus real 
property by exchange for privately owned property?

    The disposal agency may dispose of surplus real property by 
exchange for privately owned property for property management 
considerations such as boundary realignment or for providing access. 
The disposal agency may also dispose of surplus real property by 
exchange for privately owned property where authorized by law, when the 
requesting Federal agency receives approval from the Office of 
Management and Budget and the appropriate oversight committees, and 
where the transaction offers substantial economic or unique program 
advantages not otherwise obtainable by any other acquisition method.


Sec.  102-75.265  Are conveyance documents required to identify all 
agreements and representations concerning property restrictions and 
conditions?

    Yes, conveyance documents must identify all agreements and 
representations concerning restrictions and conditions affecting the 
property's future use, maintenance, or transfer.

Applicability of Antitrust Laws


Sec.  102-75.270  Must antitrust laws be considered when disposing of 
property?

    Yes, antitrust laws must be considered in any case in which there 
is contemplated a disposal to any private interest of--
    (a) Real and related personal property that has an estimated fair 
market value of $3 million or more; or
    (b) Patents, processes, techniques, or inventions, irrespective of 
cost.


Sec.  102-75.275  Who determines whether the proposed disposal would 
create or maintain a situation inconsistent with antitrust laws?

    The Attorney General determines whether the proposed disposal would 
create or maintain a situation inconsistent with antitrust laws.


Sec.  102-75.280  What information concerning a proposed disposal must 
a disposal agency provide to the Attorney General to determine the 
applicability of antitrust laws?

    The disposal agency must promptly provide the Attorney General with 
notice of any such proposed disposal and the probable terms or 
conditions, as required by 40 U.S.C. 559. If notice is given by any 
disposal agency other than GSA, a copy of the notice must also be 
provided simultaneously to the GSA Regional Office in which the 
property is located. Upon request, a disposal agency must furnish 
information that the Attorney General believes to be necessary in 
determining whether the proposed disposition or any other disposition 
of surplus real property violates or would violate any of the antitrust 
laws.


Sec.  102-75.285  Can a disposal agency dispose of real property to a 
private interest specified in Sec.  102-75.270 before advice is 
received from the Attorney General?

    No, advice from the Attorney General must be received before 
disposing of real property.

Disposals Under Other Laws


Sec.  102-75.290  Can disposals of real property be made under 
authority of laws other than Chapter 5 of Subtitle I of Title 40 of the 
United States Code?

    Except for disposals specifically authorized by special 
legislation, disposals of real property must be made only under the 
authority of Chapter 5 of Subtitle I of Title 40 of the United States 
Code. However, the Administrator of General Services can evaluate, on a 
case-by-case basis, the disposal provisions of any other law to 
determine consistency with the authority conferred by Title 40. The 
provisions of this section do not apply to disposals of real property 
authorized to be made by 40 U.S.C. 113 or by any special statute that 
directs or requires an Executive agency named in the law to transfer or 
convey specifically described real property in accordance with the 
provisions of that statute.

Credit Disposals


Sec.  102-75.295  What is the policy on extending credit in connection 
with the disposal of surplus property?

    The disposal agency--
    (a) May extend credit in connection with any disposal of surplus 
property when it determines that credit terms are necessary to avoid 
reducing the salability of the property and potential obtainable price 
and, when below market rates are extended, confer with the Office of 
Management and Budget to determine if the Federal Credit Reform Act of 
1990 is applicable to the transaction;
    (b) Must administer and manage the credit disposal and any related 
security;
    (c) May enforce, adjust, or settle any right of the Government with 
respect to extending credit in a manner and with terms that are in the 
best interests of the Government; and
    (d) Must include provisions in the conveyance documents that 
obligate the purchaser, where a sale is made upon credit, to obtain the 
disposal agency's prior written approval before reselling or leasing 
the property. The purchaser's credit obligations to the United States 
must be fulfilled before the disposal

[[Page 67822]]

agency may approve the resale of the property.

Designation of Disposal Agencies


Sec.  102-75.296  When may a landholding agency other than GSA be the 
disposal agency for real and related personal property?

    A landholding agency may be the disposal agency for real and 
related personal property when--
    (a) The agency has statutory authority to dispose of real and 
related personal property;
    (b) The agency has delegated authority from GSA to dispose of real 
and related personal property; or
    (c) The agency is disposing of--
    (1) Leases, licenses, permits, easements, and other similar real 
estate interests held by agencies in non-Government-owned real 
property;
    (2) Government-owned improvements, including fixtures, structures, 
and other improvements of any kind as long as the underlying land is 
not being disposed; or
    (3) Standing timber, embedded gravel, sand, stone, and underground 
water, without the underlying land.


Sec.  102-75.297  Are there any exceptions to when landholding agencies 
can serve as the disposal agency?

    Yes, landholding agencies may not serve as the disposal agency 
when--
    (a) Either the landholding agency or GSA determines that the 
Government's best interests are served by disposing of leases, 
licenses, permits, easements and similar real estate interests together 
with other property owned or controlled by the Government that has been 
or will be reported to GSA, or
    (b) Government-owned machinery and equipment being used by a 
contractor-operator will be sold to a contractor-operator.


Sec.  102-75.298  Can agencies request that GSA be the disposal agency 
for real property and real property interests described in Sec.  102-
75.296?

    Yes. If requested, GSA, at its discretion, may be the disposal 
agency for such real property and real property interests.


Sec.  102-75.299  What are landholding agencies' responsibilities if 
GSA conducts the disposal?

    Landholding agencies are and remain responsible for all rental/
lease payments until the lease expires or is terminated. Landholding 
agencies are responsible for paying any restoration or other direct 
costs incurred by the Government associated with termination of a 
lease, and for paying any demolition and removal costs not offset by 
the sale of the property. (See also Sec.  102-75.965.)

Appraisal


Sec.  102-75.300  Are appraisals required for all real property 
disposal transactions?

    Generally, yes, appraisals are required for all real property 
disposal transactions, except when--
    (a) An appraisal will serve no useful purpose ( e.g., legislation 
authorizes conveyance without monetary consideration or at a fixed 
price). This exception does not apply to negotiated sales to public 
agencies intending to use the property for a public purpose not covered 
by any of the special disposal provisions in subpart C of this part; or
    (b) The estimated fair market value of property to be offered on a 
competitive sale basis does not exceed $300,000.


Sec.  102-75.305  What type of appraisal value must be obtained for 
real property disposal transactions?

    For all real property transactions requiring appraisals, agencies 
must obtain, as appropriate, an appraisal of either the fair market 
value or the fair annual rental value of the property available for 
disposal.


Sec.  102-75.310  Who must agencies use to appraise the real property?

    Agencies must use only experienced and qualified real estate 
appraisers familiar with the types of property to be appraised when 
conducting the appraisal. When an appraisal is required for negotiation 
purposes, the same standard applies. However, agencies may authorize 
other methods of obtaining an estimate of the fair market value or the 
fair annual rental when the cost of obtaining that data from a contract 
appraiser would be out of proportion to the expected recoverable value 
of the property.


Sec.  102-75.315  Are appraisers authorized to consider the effect of 
historic covenants on the fair market value?

    Yes, appraisers are authorized to consider the effect of historic 
covenants on the fair market value, if the property is in or eligible 
for listing in the National Register of Historic Places.


Sec.  102-75.320  Does appraisal information need to be kept 
confidential?

    Yes, appraisals, appraisal reports, appraisal analyses, and other 
pre-decisional appraisal documents are confidential and can only be 
used by authorized Government personnel who can substantiate the need 
to know this information. Appraisal information must not be divulged 
prior to the delivery and acceptance of the deed. Any persons engaged 
to collect or evaluate appraisal information must certify that--
    (a) They have no direct or indirect interest in the property; and
    (b) The report was prepared and submitted without bias or 
influence.

Inspection


Sec.  102-75.325  What responsibility does the landholding agency have 
to provide persons the opportunity to inspect available surplus 
property?

    Landholding agencies should provide all persons interested in 
acquiring available surplus property with the opportunity to make a 
complete inspection of the property, including any available inventory 
records, plans, specifications, and engineering reports that relate to 
the property. These inspections are subject to any necessary national 
security restrictions and are subject to the disposal agency's rules. 
(See Sec. Sec.  102-75.335 and 102-75.985.)

Submission of Offers To Purchase or Lease


Sec.  102-75.330  What form must all offers to purchase or lease be in?

    All offers to purchase or lease must be in writing, accompanied by 
any required earnest money deposit, using the form prescribed by the 
disposal agency. In addition to the financial terms upon which the 
offer is predicated, the offer must set forth the willingness of the 
offeror to abide by the terms, conditions, reservations, and 
restrictions upon which the property is offered, and must contain such 
other information as the disposal agency may request.

Provisions Relating to Asbestos


Sec.  102-75.335  Where asbestos is identified, what information must 
the disposal agency incorporate into the offer to purchase and the 
conveyance document?

    Where the existence of asbestos on the property has been brought to 
the attention of the disposal agency by the Report of Excess Real 
Property (Standard Form 118) information provided (see Sec.  102-
75.125), the disposal agency must incorporate this information (less 
any cost or time estimates to remove the asbestos-containing materials) 
into any offer to purchase and conveyance document and include the 
following wording:
    Notice of the Presence of Asbestos--Warning!
    (a) The Purchaser is warned that the property offered for sale 
contains asbestos-containing materials. Unprotected or unregulated 
exposures to asbestos in product manufacturing, shipyard, and 
building construction workplaces have been associated with asbestos-
related diseases. Both the U.S. Occupational Safety and Health 
Administration (OSHA) and the U.S. Environmental Protection Agency 
(EPA)

[[Page 67823]]

regulate asbestos because of the potential hazards associated with 
exposure to airborne asbestos fibers. Both OSHA and EPA have 
determined that such exposure increases the risk of asbestos-related 
diseases, which include certain cancers and which can result in 
disability or death.
    (b) Bidders (offerors) are invited, urged and cautioned to 
inspect the property to be sold prior to submitting a bid (offer). 
More particularly, bidders (offerors) are invited, urged and 
cautioned to inspect the property as to its asbestos content and 
condition and any hazardous or environmental conditions relating 
thereto. The disposal agency will assist bidders (offerors) in 
obtaining any authorization(s) that may be required in order to 
carry out any such inspection(s). Bidders (offerors) shall be deemed 
to have relied solely on their own judgment in assessing the overall 
condition of all or any portion of the property including, without 
limitation, any asbestos hazards or concerns.
    (c) No warranties either express or implied are given with 
regard to the condition of the property including, without 
limitation, whether the property does or does not contain asbestos 
or is or is not safe for a particular purpose. The failure of any 
bidder (offeror) to inspect, or to be fully informed as to the 
condition of all or any portion of the property offered, will not 
constitute grounds for any claim or demand for adjustment or 
withdrawal of a bid or offer after its opening or tender.
    (d) The description of the property set forth in the Invitation 
for Bids (Offer to Purchase) and any other information provided 
therein with respect to said property is based on the best 
information available to the disposal agency and is believed to be 
correct, but an error or omission, including, but not limited to, 
the omission of any information available to the agency having 
custody over the property and/or any other Federal agency, shall not 
constitute grounds or reason for nonperformance of the contract of 
sale, or any claim by the Purchaser against the Government 
including, without limitation, any claim for allowance, refund, or 
deduction from the purchase price.
    (e) The Government assumes no liability for damages for personal 
injury, illness, disability, or death, to the Purchaser, or to the 
Purchaser's successors, assigns, employees, invitees, or any other 
person subject to Purchaser's control or direction, or to any other 
person, including members of the general public, arising from or 
incident to the purchase, transportation, removal, handling, use, 
disposition, or other activity causing or leading to contact of any 
kind whatsoever with asbestos on the property that is the subject of 
this sale, whether the Purchaser, its successors or assigns has or 
have properly warned or failed properly to warn the individual(s) 
injured.
    (f) The Purchaser further agrees that, in its use and occupancy 
of the property, it will comply with all Federal, State, and local 
laws relating to asbestos.

Provisions Relating to Hazardous Substance Activity


Sec.  102-75.340  Where hazardous substance activity has been 
identified on property proposed for disposal, what information must the 
disposal agency incorporate into the offer to purchase and the 
conveyance document?

    Where the existence of hazardous substance activity has been 
brought to the attention of the disposal agency by the Report of Excess 
Real Property (Standard Form 118) information provided (see Sec. Sec.  
102-75.125 and 102-75.130), the disposal agency must incorporate this 
information into any offer to purchase and conveyance document. In any 
offer to purchase and conveyance document, disposal agencies, 
generally, must also address the following (specific recommended 
language that addresses the following issues can be found in the GSA 
Customer Guide to Real Property Disposal):
    (a) Notice of all hazardous substance activity identified as a 
result of a complete search of agency records by the landholding 
agency.
    (b) A statement, certified by a responsible landholding agency 
official in the Report of Excess Real Property, that all remedial 
actions necessary to protect human health and the environment with 
regard to such hazardous substance activity have been taken (this is 
not required in the offer to purchase or conveyance document in the 
case of a transfer of property under the authority of section 
120(h)(3)(C) of CERCLA, or the Early Transfer Authority, or a 
conveyance to a ``potentially responsible party'', as defined by CERCLA 
(see 102-75.345)).
    (c) A commitment, on behalf of the United States, to return to 
correct any hazardous condition discovered after the conveyance that 
results from hazardous substance activity prior to the date of 
conveyance.
    (d) A reservation by the United States of a right of access in 
order to accomplish any further remedial actions required in the 
future.


Sec.  102-75.345  What is different about the statements in the offer 
to purchase and conveyance document if the sale is to a potentially 
responsible party with respect to the hazardous substance activity?

    In the case where the purchaser or grantee is a potentially 
responsible party (PRP) with respect to hazardous substance activity on 
the property under consideration, the United States is no longer under 
a general obligation to certify that the property has been successfully 
remediated, or to commit to return to the property to address 
contamination that is discovered in the future. Therefore, the 
statements of responsibility and commitments on behalf of the United 
States referenced in Sec.  102-75.340 should not be used. Instead, 
language should be included in the offer to purchase and conveyance 
document that is consistent with any agreement that has been reached 
between the landholding agency and the PRP with regard to prior 
hazardous substance activity.

Public Benefit Conveyances


Sec.  102-75.350  What are disposal agencies' responsibilities 
concerning public benefit conveyances?

    Based on a highest and best use analysis, disposal agencies may 
make surplus real property available to State and local governments and 
certain non-profit institutions or organizations at up to 100 percent 
public benefit discount for public benefit purposes. Some examples of 
such purposes are education, health, park and recreation, the homeless, 
historic monuments, public airports, highways, correctional facilities, 
ports, and wildlife conservation. The implementing regulations for 
these conveyances are found in this subpart.


Sec.  102-75.351  May the disposal agency waive screening for public 
benefit conveyances?

    All properties, consistent with the highest and best use analysis, 
will normally be screened for public benefit uses. However, the 
disposal agency may waive public benefit screening, with the exception 
of the mandatory McKinney-Vento homeless screening, for specific 
property disposal considerations, e.g., when a property has been 
reported excess for exchange purposes.


Sec.  102-75.355  What clause must be in the offer to purchase and the 
conveyance documents for public benefit conveyances?

    Executive agencies must include in the offer to purchase and 
conveyance documents the non-discrimination clause in Sec.  102-75.360 
for public benefit conveyances.


Sec.  102-75.360  What wording must be in the non-discrimination clause 
that is required in the offer to purchase and in the conveyance 
document?

    The wording of the non-discrimination clause must be as follows:
    The Grantee covenants for itself, its heirs, successors, and 
assigns and every successor in interest to the property hereby 
conveyed, or any part thereof, that the said Grantee and such heirs, 
successors, and assigns shall not discriminate upon the basis of 
race, creed, color, religion, sex, disability, age, or national 
origin in the use, occupancy, sale, or lease of

[[Page 67824]]

the property, or in their employment practices conducted thereon. 
This covenant shall not apply, however, to the lease or rental of a 
room or rooms within a family dwelling unit; nor shall it apply with 
respect to religion to premises used primarily for religious 
purposes. The United States of America shall be deemed a beneficiary 
of this covenant without regard to whether it remains the owner of 
any land or interest therein in the locality of the property hereby 
conveyed and shall have the sole right to enforce this covenant in 
any court of competent jurisdiction.

Power Transmission Lines


Sec.  102-75.365  Do disposal agencies have to notify State entities 
and Government agencies that a surplus power transmission line and 
right-of-way is available?

    Yes, disposal agencies must notify State entities and Government 
agencies of the availability of a surplus power transmission line and 
right-of-way.


Sec.  102-75.370  May a State, or any political subdivision thereof, 
certify to a disposal agency that it needs a surplus power transmission 
line and the right-of-way acquired for its construction to meet the 
requirements of a public or cooperative power project?

    Yes, section 13(d) of the Surplus Property Act of 1944 (50 U.S.C. 
App. 1622(d)) allows any State or political subdivision, or any State 
or Government agency or instrumentality to certify to the disposal 
agency that a surplus power transmission line and the right-of-way 
acquired for its construction is needed to meet the requirements of a 
public or cooperative power project.


Sec.  102-75.375  What happens once a State, or political subdivision, 
certifies that it needs a surplus power transmission line and the 
right-of-way acquired for its construction to meet the requirements of 
a public or cooperative power project?

    Generally, once a State or political subdivision certifies that it 
needs a surplus power transmission line and the right-of-way, the 
disposal agency may sell the property to the state, or political 
subdivision thereof, at the fair market value. However, if a sale of a 
surplus transmission line cannot be accomplished because of the price 
to be charged, or other reasons, and the certification by the State or 
political subdivision is not withdrawn, the disposal agency must report 
the facts involved to the Administrator of General Services, to 
determine what further action will or should be taken to dispose of the 
property.


Sec.  102-75.380  May power transmission lines and rights-of-way be 
disposed of in other ways?

    Yes, power transmission lines and rights-of-way not disposed of by 
sale for fair market value may be disposed of following other 
applicable provisions of this part, including, if appropriate, 
reclassification by the disposal agency.

Property for Public Airports


Sec.  102-75.385  Do disposal agencies have the responsibility to 
notify eligible public agencies that airport property has been 
determined to be surplus?

    Yes, the disposal agency must notify eligible public agencies that 
property currently used as or suitable for use as a public airport 
under the Surplus Property Act of 1944, as amended, has been determined 
to be surplus. A copy of the landholding agency's Report of Excess Real 
Property (Standard Form 118, with accompanying schedules) must be 
transmitted with the copy of the surplus property notice sent to the 
appropriate regional office of the Federal Aviation Administration 
(FAA). The FAA must furnish an application form and instructions for 
the preparation of an application to eligible public agencies upon 
request.


Sec.  102-75.390  What does the term ``surplus airport property'' mean?

    For the purposes of this part, surplus airport property is any 
surplus real property including improvements and personal property 
included as a part of the operating unit that the Administrator of FAA 
deems is--
    (a) Essential, suitable, or desirable for the development, 
improvement, operation, or maintenance of a public airport, as defined 
in the Federal Airport Act, as amended (49 U.S.C. 1101); or
    (b) Reasonably necessary to fulfill the immediate and foreseeable 
future requirements of the grantee for the development, improvement, 
operation, or maintenance of a public airport, including property 
needed to develop sources of revenue from non-aviation businesses at a 
public airport. Approval for non-aviation revenue-producing areas may 
only be given for such areas as are anticipated to generate net 
proceeds that do not exceed expected deficits for operation of the 
aviation area applied for at the airport.


Sec.  102-75.395  May surplus airport property be conveyed or disposed 
of to a State, political subdivision, municipality, or tax-supported 
institution for a public airport?

    Yes, section 13(g) of the Surplus Property Act of 1944 (49 U.S.C. 
Sec.  47151) authorizes the disposal agency to convey or dispose of 
surplus airport property to a State, political subdivision, 
municipality, or tax-supported institution for use as a public airport.


Sec.  102-75.400  Is industrial property located on an airport also 
considered to be ``airport property''?

    No, if the Administrator of General Services determines that a 
property's highest and best use is industrial, then the property must 
be classified as such for disposal without regard to the public benefit 
conveyance provisions of this subpart.


Sec.  102-75.405  What responsibilities does the Federal Aviation 
Administration (FAA) have after receiving a copy of the notice (and a 
copy of the Report of Excess Real Property (Standard Form 118)) given 
to eligible public agencies that there is surplus airport property?

    As soon as possible after receiving the copy of the surplus notice, 
the FAA must inform the disposal agency of its determination. Then, the 
FAA must provide assistance to any eligible public agency known to have 
a need for the property for a public airport, so that the public agency 
may develop a comprehensive and coordinated plan of use and procurement 
for the property.


Sec.  102-75.410   What action must the disposal agency take after an 
eligible public agency has submitted a plan of use and application to 
acquire property for a public airport?

    After an eligible public agency submits a plan of use and 
application, the disposal agency must transmit two copies of the plan 
and two copies of the application to the appropriate FAA regional 
office. The FAA must promptly submit a recommendation to the disposal 
agency for disposal of the property for a public airport or must inform 
the disposal agency that no such recommendation will be submitted.


Sec.  102-75.415  What happens after the disposal agency receives the 
FAA's recommendation for disposal of the property for a public airport?

    The head of the disposal agency, or his or her designee, may convey 
property approved by the FAA for use as a public airport to the 
eligible public agency, subject to the provisions of the Surplus 
Property Act of 1944, as amended.


Sec.  102-75.420  What happens if the FAA informs the disposal agency 
that it does not recommend disposal of the property for a public 
airport?

    Any airport property that the FAA does not recommend for disposal 
as a public airport must be disposed of in accordance with other 
applicable provisions of this part. However, the disposal agency must 
first notify the landholding agency of its inability to dispose of the 
property for use as a public airport. In addition, the disposal

[[Page 67825]]

agency must allow the landholding agency 30 days to withdraw the 
property from surplus or to waive any future interest in the property 
for public airport use.


Sec.  102-75.425  Who has sole responsibility for enforcing compliance 
with the terms and conditions of disposal for property disposed of for 
use as a public airport?

    The Administrator of the FAA has the sole responsibility for 
enforcing compliance with the terms and conditions of disposals to be 
used as a public airport. The FAA is also responsible for reforming, 
correcting, or amending any disposal instruments; granting releases; 
and any action necessary for recapturing the property, using the 
provisions of 49 U.S.C. 47101 et seq.


Sec.  102-75.430  What happens if property conveyed for use as a public 
airport is revested in the United States?

    If property that was conveyed for use as a public airport is 
revested in the United States for noncompliance with the terms of the 
disposal, or other cause, the Administrator of the FAA must be 
accountable for the property and must report the property to GSA as 
excess property following the provisions of this part.


Sec.  102-75.435  Does the Airport and Airway Development Act of 1970, 
as amended (Airport Act of 1970), apply to the transfer of airports to 
State and local agencies?

    No, the Airport and Airway Development Act of 1970, as amended (49 
U.S.C. 47101-47131) (Airport Act of 1970), does not apply to the 
transfer of airports to State and local agencies. The transfer of 
airports to State and local agencies may be made only under section 
13(g) of the Surplus Property Act of 1944 (49 U.S.C. 47151-47153). Only 
property that the landholding agency determines cannot be reported 
excess to GSA for disposal under Title 40, but nevertheless may be made 
available for use by a State or local public body as a public airport 
without being inconsistent with the Federal program of the landholding 
agency, may be conveyed under the Airport Act of 1970. In the latter 
instance, the Airport Act of 1970 may be used to transfer non-excess 
land for airport development purposes provided it does not constitute 
an entire airport. An entire, existing and established airport can only 
be disposed of to a State or eligible local government under section 
13(g) of the Surplus Property Act of 1944.

Property for Use as Historic Monuments


Sec.  102-75.440  Who must disposal agencies notify that surplus 
property is available for historic monument use?

    Disposal agencies must notify State and area wide clearinghouses 
and eligible public agencies that property that may be conveyed for use 
as a historic monument has been determined to be surplus. A copy of the 
landholding agency's Report of Excess Real Property (Standard Form 118) 
with accompanying schedules must be transmitted with the copy of each 
notice that is sent to the appropriate regional or field offices of the 
National Park Service (NPS) of the Department of the Interior (DOI).


Sec.  102-75.445  Who can convey surplus real and related personal 
property for historic monument use?

    A disposal agency may convey surplus real and related personal 
property for use as a historic monument, without monetary 
consideration, to any State, political subdivision, instrumentality 
thereof, or municipality, for the benefit of the public, provided the 
Secretary of the Interior has determined that the property is suitable 
and desirable for such use.


Sec.  102-75.450  What type of property is suitable or desirable for 
use as a historic monument?

    Only property conforming with the recommendation of the Advisory 
Board on National Parks, Historic Sites, Buildings, and Monuments shall 
be determined to be suitable or desirable for use as a historic 
monument.


Sec.  102-75.455  May historic monuments be used for revenue-producing 
activities?

    The disposal agency may authorize the use of historic monuments 
conveyed under 40 U.S.C. 550(h) or the Surplus Property Act of 1944, as 
amended, for revenue-producing activities, if the Secretary of the 
Interior--
    (a) Determines that the activities, described in the applicant's 
proposed program of use, are compatible with the use of the property 
for historic monument purposes;
    (b) Approves the grantee's plan for repair, rehabilitation, 
restoration, and maintenance of the property;
    (c) Approves the grantee's plan for financing the repair, 
rehabilitation, restoration, and maintenance of the property. DOI must 
not approve the plan unless it provides that all income in excess of 
costs of repair, rehabilitation, restoration, maintenance, and a 
specified reasonable profit or payment that may accrue to a lessor, 
sublessor, or developer in connection with the management, operation, 
or development of the property for revenue producing activities, is 
used by the grantee, lessor, sublessor, or developer, only for public 
historic preservation, park, or recreational purposes; and
    (d) Examines and approves the grantee's accounting and financial 
procedures for recording and reporting on revenue-producing activities.


Sec.  102-75.460  What information must disposal agencies furnish 
eligible public agencies?

    Upon request, the disposal agency must furnish eligible public 
agencies with adequate preliminary property information and, with the 
landholding agency's cooperation, provide assistance to enable public 
agencies to obtain adequate property information.


Sec.  102-75.465  What information must eligible public agencies 
interested in acquiring real property for use as a historic monument 
submit to the appropriate regional or field offices of the National 
Park Service (NPS) of the Department of the Interior (DOI)?

    Eligible public agencies must submit the original and two copies of 
the completed application to acquire real property for use as a 
historic monument to the appropriate regional or field offices of NPS, 
which will forward one copy of the application to the appropriate 
regional office of the disposal agency.


Sec.  102-75.470  What action must NPS take after an eligible public 
agency has submitted an application for conveyance of surplus property 
for use as a historic monument?

    NPS must promptly--
    (a) Submit the Secretary of the Interior's determination to the 
disposal agency; or
    (b) Inform the disposal agency that no such recommendation will be 
submitted.


Sec.  102-75.475  What happens after the disposal agency receives the 
Secretary of the Interior's determination for disposal of the surplus 
property for a historic monument and compatible revenue-producing 
activities?

    The head of the disposal agency or his or her designee may convey 
to an eligible public agency surplus property determined by the 
Secretary of the Interior to be suitable and desirable for use as a 
historic monument for the benefit of the public and for compatible 
revenue-producing activities subject to the provisions of 40 U.S.C. 
550(h).

[[Page 67826]]

Sec.  102-75.480  Who has the responsibility for enforcing compliance 
with the terms and conditions of disposal for surplus property conveyed 
for use as a historic monument?

    The Secretary of the Interior has the responsibility for enforcing 
compliance with the terms and conditions of such a disposal. DOI is 
also responsible for reforming, correcting, or amending any disposal 
instrument; granting releases; and any action necessary for recapturing 
the property using the provisions of 40 U.S.C. 550(b). The actions are 
subject to the approval of the head of the disposal agency.


Sec.  102-75.485  What happens if property that was conveyed for use as 
a historic monument is revested in the United States?

    In such a case, DOI must notify the appropriate GSA Public 
Buildings Service (PBS) Regional Office immediately by letter when 
title to the historic property is to be revested in the United States 
for noncompliance with the terms and conditions of disposal or for 
other cause. The notification must cite the legal and administrative 
actions that DOI must take to obtain full title and possession of the 
property. In addition, it must include an adequate description of the 
property, including any improvements constructed since the original 
conveyance to the grantee. After receiving a statement from DOI that 
title to the property is proposed for revesting, GSA will review the 
statement and determine if title should be revested. If GSA, in 
consultation with DOI, determines that the property should be revested, 
DOI must submit a Report of Excess Real Property, Standard Form 118 to 
GSA. GSA will review and act upon the Standard Form 118, if acceptable. 
However, the grantee must provide protection and maintenance of the 
property until the title reverts to the Federal Government, including 
the period of the notice of intent to revert. Such protection and 
maintenance must, at a minimum, conform to the standards prescribed in 
the GSA Customer Guide to Real Property Disposal.

Property for Educational and Public Health Purposes


Sec.  102-75.490  Who must notify eligible public agencies that surplus 
real property for educational and public health purposes is available?

    The disposal agency must notify eligible public agencies that 
surplus property is available for educational and/or public health 
purposes. The notice must require that any plans for an educational or 
public health use, resulting from the development of the comprehensive 
and coordinated plan of use and procurement for the property, must be 
coordinated with the Department of Education (ED) or the Department of 
Health and Human Services (HHS), as appropriate. The notice must also 
let eligible public agencies know where to obtain the applications, 
instructions for preparing them, and where to submit the application. 
The requirement for educational or public health use of the property by 
an eligible public agency is contingent upon the disposal agency's 
approval, under Sec.  102-75.515, of a recommendation for assignment of 
Federal surplus real property received from ED or HHS. Further, any 
subsequent transfer is subject to the approval of the head of the 
disposal agency as stipulated under 40 U.S.C. 550(c) or (d) and 
referenced in Sec.  102-75.535.


Sec.  102-75.495  May the Department of Education (ED) or the 
Department of Health and Human Services (HHS) notify nonprofit 
organizations that surplus real property and related personal property 
is available for educational and public health purposes?

    Yes, ED or HHS may notify eligible non-profit institutions that 
such property has been determined to be surplus. Notices to eligible 
non-profit institutions must require eligible non-profit institutions 
to coordinate any request for educational or public health use of the 
property with the appropriate public agency responsible for developing 
and submitting a comprehensive and coordinated plan of use and 
procurement for the property.


Sec.  102-75.500  Which Federal agencies may the head of the disposal 
agency (or his or her designee) assign for disposal surplus real 
property to be used for educational and public health purposes?

    The head of the disposal agency or his designee may--
    (a) Assign to the Secretary of ED for disposal under 40 U.S.C. 
550(c) surplus real property, including buildings, fixtures, and 
equipment, as recommended by the Secretary as being needed for school, 
classroom, or other educational use; or
    (b) Assign to the Secretary of HHS for disposal under 40 U.S.C. 550 
(d) such surplus real property, including buildings, fixtures, and 
equipment situated thereon, as recommended by the Secretary as being 
needed for use in the protection of public health, including research.


Sec.  102-75.505  Is the request for educational or public health use 
of a property by an eligible nonprofit institution contingent upon the 
disposal agency's approval?

    Yes, eligible non-profit organizations will only receive surplus 
real property for an educational or public health use if the disposal 
agency approves or grants the assignment request from either ED or HHS. 
The disposal agency will also consider other uses for available surplus 
real property, taking into account the highest and best use 
determination. Any subsequent transfer is subject to the approval of 
the head of the disposal agency as stipulated under 40 U.S.C. 550(c) or 
(d) and referenced in this part.


Sec.  102-75.510  When must the Department of Education and the 
Department of Health and Human Services notify the disposal agency that 
an eligible applicant is interested in acquiring the property?

    ED and HHS must notify the disposal agency if it has an eligible 
applicant interested in acquiring the property within 30 calendar days 
after the date of the surplus notice. Then, after the 30-day period 
expires, ED or HHS has 30 calendar days to review and approve an 
application and request assignment of the property, or inform the 
disposal agency that no assignment request will be forthcoming.


Sec.  102-75.515  What action must the disposal agency take after an 
eligible public agency has submitted a plan of use for property for an 
educational or public health requirement?

    When an eligible public agency submits a plan of use for property 
for an educational or public health requirement, the disposal agency 
must transmit two copies of the plan to the regional office of ED or 
HHS, as appropriate. The ED or HHS must submit to the disposal agency, 
within 30 calendar days after the date the plan is transmitted, a 
recommendation for assignment of the property to the Secretary of ED or 
HHS, as appropriate, or must inform the disposal agency, within the 30-
calendar day period, that a recommendation will not be made for 
assignment of the property to ED or HHS. If, after considering other 
uses for the property, the disposal agency approves the assignment 
recommendation from ED or HHS, it must assign the property by letter or 
other document to the Secretary of ED or HHS, as appropriate. The 
disposal agency must furnish to the landholding agency a copy of the 
assignment, unless the landholding agency is also the disposal agency. 
If the recommendation is disapproved, the disposal agency must likewise 
notify the appropriate Department.

[[Page 67827]]

Sec.  102-75.520  What must the Department of Education or the 
Department of Health and Human Services address in the assignment 
recommendation that is submitted to the disposal agency?

    Any assignment recommendation that ED or HHS submits to the 
disposal agency must provide complete information concerning the 
educational or public health use, including--
    (a) Identification of the property;
    (b) The name of the applicant and the size and nature of its 
program;
    (c) The specific use planned;
    (d) The intended public benefit allowance;
    (e) The estimate of the value upon which such proposed allowance is 
based; and
    (f) An explanation if the acreage or value of the property exceeds 
the standards established by the Secretary.


Sec.  102-75.525  What responsibilities do landholding agencies have 
concerning properties to be used for educational and public health 
purposes?

    Landholding agencies must cooperate to the fullest extent possible 
with representatives of ED or HHS in their inspection of such property 
and in furnishing information relating to the property.


Sec.  102-75.530  What happens if the Department of Education or the 
Department of Health and Human Services does not approve any 
applications for conveyance of the property for educational or public 
health purposes?

    In the absence of an approved application from ED or HHS to convey 
the property for educational or public health purposes, which must be 
received within the 30 calendar day time limit, the disposal agency 
will proceed with other disposal actions.


Sec.  102-75.535  What responsibilities does the Department of 
Education or the Department of Health and Human Services have after 
receiving the disposal agency's assignment letter?

    After receiving the disposal agency's assignment letter, ED or HHS 
must furnish the disposal agency with a Notice of Proposed Transfer 
within 30 calendar days. If the disposal agency approves the proposed 
transfer within 30 days of receiving the Notice of Proposed Transfer, 
ED or HHS may prepare the transfer documents and proceed with the 
transfer. ED or HHS must take all necessary actions to accomplish the 
transfer within 15-calendar days beginning when the disposal agency 
approves the transfer. ED or HHS must furnish the disposal agency two 
conformed copies of deeds, leases or other instruments conveying the 
property under 40 U.S.C. 550(c) or (d) and all related documents 
containing restrictions or conditions regulating the future use, 
maintenance or transfer of the property.


Sec.  102-75.540  Who is responsible for enforcing compliance with the 
terms and conditions of the transfer for educational or public health 
purposes?

    ED or HHS, as appropriate, is responsible for enforcing compliance 
with the terms and conditions of transfer. ED or HHS is also 
responsible for reforming, correcting, or amending any transfer 
instruments; granting releases; and for taking any necessary actions 
for recapturing the property using or following the provisions of 40 
U.S.C. 550(b). These actions are subject to the approval of the head of 
the disposal agency. ED or HHS must notify the disposal agency of its 
intent to take any actions to recapture the property. The notice must 
identify the property affected, describe in detail the proposed action, 
and state the reasons for the proposed action.


Sec.  102-75.545  What happens if property that was transferred to meet 
an educational or public health requirement is revested in the United 
States for noncompliance with the terms of sale, or other cause?

    In each case of repossession under a terminated lease or reversion 
of title for noncompliance with the terms or conditions of sale or 
other cause, ED or HHS must, prior to repossession or reversion of 
title, provide the appropriate GSA regional property disposal office 
with an accurate description of the real and related personal property 
involved using the Report of Excess Real Property (Standard Form 118), 
and the appropriate schedules. After receiving a statement from ED or 
HHS that the property is proposed for revesting, GSA will review the 
statement and determine if title should be revested. If GSA, in 
conjunction with ED or HHS, determines that the property should be 
revested, ED or HHS must submit a Standard Form 118 to GSA. GSA will 
review and act upon the Standard Form 118, if acceptable. However, the 
grantee must provide protection and maintenance for the property until 
the title reverts to the Federal Government, including the period of 
any notice of intent to revert. Such protection and maintenance must, 
at a minimum, conform to the standards prescribed in the GSA Customer 
Guide to Real Property Disposal.

Property for Providing Self-Help Housing or Housing Assistance


Sec.  102-75.550  What does ``self-help housing or housing assistance'' 
mean?

    Property for self-help housing or housing assistance (which is 
separate from the program under Title V of the McKinney-Vento Homeless 
Assistance Act covered in subpart H of this part) is property for low-
income housing opportunities through the construction, rehabilitation, 
or refurbishment of housing, under terms that require that--
    (a) Any individual or family receiving housing or housing 
assistance must contribute a significant amount of labor toward the 
construction, rehabilitation, or refurbishment; and
    (b) Dwellings constructed, rehabilitated, or refurbished must be 
quality dwellings that comply with local building and safety codes and 
standards and must be available at prices below prevailing market 
prices.


Sec.  102-75.555  Which Federal agency receives the property assigned 
for self-help housing or housing assistance for low-income individuals 
or families?

    The head of the disposal agency, or designee, may assign, at his/
her discretion, surplus real property, including buildings, fixtures, 
and equipment to the Secretary of the Department of Housing and Urban 
Development (HUD).


Sec.  102-75.560  Who notifies eligible public agencies that real 
property to be used for self-help housing or housing assistance 
purposes is available?

    The disposal agency must notify eligible public agencies that 
surplus property is available. The notice must require that any plans 
for self-help housing or housing assistance use resulting from the 
development of the comprehensive and coordinated plan of use and 
procurement for the property must be coordinated with HUD. Eligible 
public agencies may obtain an application form and instructions for 
preparing and submitting the application from HUD.


Sec.  102-75.565  Is the requirement for self-help housing or housing 
assistance use of the property by an eligible public agency or non-
profit organization contingent upon the disposal agency's approval of 
an assignment recommendation from the Department of Housing and Urban 
Development (HUD)?

    Yes, the requirement for self-help housing or housing assistance 
use of the property by an eligible public agency or nonprofit 
organization is contingent upon the disposal agency's approval under 
Sec.  102-75.585 of HUD's assignment recommendation/request.

[[Page 67828]]

 Any subsequent transfer is subject to the approval of the head of the 
disposal agency as stipulated under 40 U.S.C. 550(f) and referenced in 
Sec.  102-75.605.


Sec.  102-75.570  What happens if the disposal agency does not approve 
the assignment recommendation?

    If the recommendation is not approved, the disposal agency must 
also notify the Secretary of HUD and then may proceed with other 
disposal action.


Sec.  102-75.575  Who notifies non-profit organizations that surplus 
real property and related personal property to be used for self-help 
housing or housing assistance purposes is available?

    HUD notifies eligible non-profit organizations, following guidance 
in the GSA Customer Guide to Real Property Disposal. Such notices must 
require eligible nonprofit organizations to--
    (a) Coordinate any requirement for self-help housing or housing 
assistance use of the property with the appropriate public agency; and
    (b) Declare to the disposal agency an intent to develop and submit 
a comprehensive and coordinated plan of use and procurement for the 
property.


Sec.  102-75.580  When must HUD notify the disposal agency that an 
eligible applicant is interested in acquiring the property?

    HUD must notify the disposal agency within 30 calendar days after 
the date of the surplus notice. Then, after the 30-day period expires, 
HUD has 30 calendar days to review and approve an application and 
request assignment or inform the disposal agency that no assignment 
request is forthcoming.


Sec.  102-75.585  What action must the disposal agency take after an 
eligible public agency has submitted a plan of use for property for a 
self-help housing or housing assistance requirement?

    When an eligible public agency submits a plan of use for property 
for a self-help housing or housing assistance requirement, the disposal 
agency must transmit two copies of the plan to the appropriate HUD 
regional office. HUD must submit to the disposal agency, within 30 
calendar days after the date the plan is transmitted, a recommendation 
for assignment of the property to the Secretary of HUD, or must inform 
the disposal agency, within the 30-calendar day period, that a 
recommendation will not be made for assignment of the property to HUD. 
If, after considering other uses for the property, the disposal agency 
approves the assignment recommendation from HUD, it must assign the 
property by letter or other document to the Secretary of HUD. The 
disposal agency must furnish to the landholding agency a copy of the 
assignment, unless the landholding agency is also the disposal agency. 
If the disposal agency disapproves the recommendation, the disposal 
agency must likewise notify the Secretary of HUD.


Sec.  102-75.590  What does the assignment recommendation contain?

    Any assignment recommendation that HUD submits to the disposal 
agency must set forth complete information concerning the self-help 
housing or housing assistance use, including--
    (a) Identification of the property;
    (b) Name of the applicant and the size and nature of its program;
    (c) Specific use planned;
    (d) Intended public benefit allowance;
    (e) Estimate of the value upon which such proposed allowance is 
based; and
    (f) An explanation, if the acreage or value of the property exceeds 
the standards established by the Secretary.


Sec.  102-75.595  What responsibilities do landholding agencies have 
concerning properties to be used for self-help housing or housing 
assistance use?

    Landholding agencies must cooperate to the fullest extent possible 
with HUD representatives in their inspection of such property and in 
furnishing information relating to such property.


Sec.  102-75.600  What happens if HUD does not approve any applications 
for self-help housing or housing assistance use?

    In the absence of an approved application from HUD for self-help 
housing or housing assistance use, which must be received within the 
30-calendar day time limit specified therein, the disposal agency must 
proceed with other disposal action.


Sec.  102-75.605  What responsibilities does HUD have after receiving 
the disposal agency's assignment letter?

    After receiving the disposal agency's assignment letter, HUD must 
furnish the disposal agency with a Notice of Proposed Transfer within 
30 calendar days. If the disposal agency approves the proposed transfer 
within 30 calendar days of receiving the Notice of Proposed Transfer, 
HUD may prepare the transfer documents and proceed with the transfer. 
HUD must take all necessary actions to accomplish the transfer within 
15 calendar days beginning when the disposal agency approves the 
transfer. HUD must furnish the disposal agency two conformed copies of 
deeds, leases or other instruments conveying the property under 40 
U.S.C. 550(f) and all related documents containing restrictions or 
conditions regulating the future use, maintenance or transfer of the 
property.


Sec.  102-75.610  Who is responsible for enforcing compliance with the 
terms and conditions of the transfer of the property for self-help 
housing or housing assistance use?

    HUD is responsible for enforcing compliance with the terms and 
conditions of transfer. HUD is also responsible for reforming, 
correcting, or amending any transfer instrument; granting releases; and 
for taking any necessary actions for recapturing the property using the 
provisions of 40 U.S.C. 550(b). These actions are subject to the 
approval of the head of the disposal agency. HUD must notify the head 
of the disposal agency of its intent to take action to recapture the 
property. The notice must identify the property affected, describe in 
detail the proposed action, and state the reasons for the proposed 
action.


Sec.  102-75.615  Who is responsible for enforcing compliance with the 
terms and conditions of property transferred under section 414(a) of 
the 1969 HUD Act?

    HUD maintains responsibility for properties previously conveyed 
under section 414(a) of the 1969 HUD Act. Property transferred to an 
entity other than a public body and used for any purpose other than 
that for which it was sold or leased within a 30-year period must 
revert to the United States. If the property was leased, then the lease 
terminates. The appropriate Secretary (HUD or Department of 
Agriculture) and the Administrator of GSA can approve the new use of 
the property after the first 20 years of the original 30-year period 
has expired.


Sec.  102-75.620  What happens if property that was transferred to meet 
a self-help housing or housing assistance use requirement is found to 
be in noncompliance with the terms of sale?

    In each case of repossession under a terminated lease or reversion 
of title for noncompliance with the terms or conditions of sale or 
other cause, HUD (or USDA for property conveyed through the former 
Farmers Home Administration program under section 414(a) of the 1969 
HUD Act) must, prior to repossession or reversion of title, provide the 
appropriate GSA regional office with an accurate description of the 
real and related personal property involved using the Report of Excess 
Real Property (Standard Form 118), and the appropriate schedules. After 
receiving a statement from HUD (or USDA) that title to the property is 
proposed for revesting, GSA will review the statement and determine if 
title should be revested. If GSA, in conjunction with HUD (or USDA), 
determines that the property should be revested, HUD (or

[[Page 67829]]

USDA) must submit a Standard Form 118 to GSA. GSA will review and act 
upon the Standard Form 118, if acceptable. However, the grantee must 
provide protection and maintenance for the property until the title 
reverts to the Federal Government, including the period of any notice 
of intent to revert. Such protection and maintenance must, at a 
minimum, conform to the standards prescribed in the GSA Customer Guide 
to Real Property Disposal.

Property for Use as Public Park or Recreation Areas


Sec.  102-75.625  Which Federal agency is assigned surplus real 
property for public park or recreation purposes?

    The head of the disposal agency or his or her designee is 
authorized to assign to the Secretary of the Interior for disposal 
under 40 U.S.C. 550(e), surplus real property, including buildings, 
fixtures, and equipment as recommended by the Secretary as being needed 
for use as a public park or recreation area for conveyance to a State, 
political subdivision, instrumentalities, or municipality.


Sec.  102-75.630  Who must disposal agencies notify that real property 
for public park or recreation purposes is available?

    The disposal agency must notify established State, regional, or 
metropolitan clearinghouses and eligible public agencies that surplus 
property is available for use as a public park or recreation area. The 
disposal agency must transmit the landholding agency's Report of Excess 
Real Property (Standard Form 118, with accompanying schedules) with the 
copy of each notice sent to a regional or field office of the National 
Park Service (NPS) of the Department of the Interior (DOI).


Sec.  102-75.635  What information must the Department of the Interior 
(DOI) furnish eligible public agencies?

    Upon request, DOI must furnish eligible public agencies with an 
application form to acquire property for permanent use as a public park 
or recreation area and preparation instructions for the application.


Sec.  102-75.640  When must DOI notify the disposal agency that an 
eligible applicant is interested in acquiring the property?

    DOI must notify the disposal agency if it has an eligible applicant 
interested in acquiring the property within 30 calendar days from the 
date of the surplus notice.


Sec.  102-75.645  What responsibilities do landholding agencies have 
concerning properties to be used for public park or recreation 
purposes?

    Landholding agencies must cooperate to the fullest extent possible 
with DOI representatives in their inspection of the property and in 
furnishing information relating to the property.


Sec.  102-75.650  When must DOI request assignment of the property?

    Within 30 calendar days after the expiration of the 30-calendar day 
period specified in Sec.  102-75.640, DOI must submit to the disposal 
agency an assignment recommendation along with a copy of the 
application or inform the disposal agency that a recommendation will 
not be made for assignment of the property.


Sec.  102-75.655  What does the assignment recommendation contain?

    Any recommendation submitted by DOI must provide complete 
information concerning the plans for use of the property as a public 
park or recreation area, including--
    (a) Identification of the property;
    (b) The name of the applicant;
    (c) The specific use planned; and
    (d) The intended public benefit allowance.


Sec.  102-75.660  What happens if DOI does not approve any applications 
or does not submit an assignment recommendation?

    If DOI does not approve any applications or does not submit an 
assignment recommendation to convey the property for public park or 
recreation purposes, the disposal agency must proceed with other 
disposal action.


Sec.  102-75.665  What happens after the disposal agency receives the 
assignment recommendation from DOI?

    If, after considering other uses for the property, the disposal 
agency approves the assignment recommendation from DOI, it must assign 
the property by letter or other document to the Secretary of the 
Interior. The disposal agency must furnish to the landholding agency a 
copy of the assignment, unless the landholding agency is also the 
disposal agency. If the recommendation is disapproved, the disposal 
agency must likewise notify the Secretary.


Sec.  102-75.670  What responsibilities does DOI have after receiving 
the disposal agency's assignment letter?

    After receiving the disposal agency's assignment letter, the 
Secretary of the Interior must provide the disposal agency with a 
Notice of Proposed Transfer within 30 calendar days. If the disposal 
agency approves the proposed transfer within 30 calendar days, the 
Secretary may proceed with the transfer. DOI must take all necessary 
actions to accomplish the transfer within 15 calendar days after the 
expiration of the 30-calendar day period provided for the disposal 
agency to consider the notice. DOI may place the applicant in 
possession of the property as soon as practicable to minimize the 
Government's expense of protection and maintenance of the property. As 
of the date the applicant takes possession of the property, or the date 
it is conveyed, whichever occurs first, the applicant must assume 
responsibility for care and handling and all risks of loss or damage to 
the property, and has all obligations and liabilities of ownership. DOI 
must furnish the disposal agency two conformed copies of deeds, leases, 
or other instruments conveying property under 40 U.S.C. 550(e) and 
related documents containing reservations, restrictions, or conditions 
regulating the future use, maintenance or transfer of the property.


Sec.  102-75.675  What responsibilities does the grantee or recipient 
of the property have in accomplishing or completing the transfer?

    Where appropriate, the disposal agency may make the assignment 
subject to DOI requiring the grantee or recipient to bear the cost of 
any out-of-pocket expenses necessary to accomplish the transfer, such 
as for surveys, fencing, security of the remaining property, or 
otherwise.


Sec.  102-75.680  What information must be included in the deed of 
conveyance of any surplus property transferred for public park or 
recreation purposes?

    The deed of conveyance of any surplus real property transferred for 
public park and recreation purposes under 40 U.S.C. 550(e) must require 
that the property be used and maintained for the purpose for which it 
was conveyed in perpetuity. In the event that the property ceases to be 
used or maintained for that purpose, all or any portion of such 
property will in its existing condition, at the option of the United 
States, revert to the United States. The deed of conveyance may contain 
additional terms, reservations, restrictions, and conditions determined 
by the Secretary of the Interior to be necessary to safeguard the 
interests of the United States.


Sec.  102-75.685  Who is responsible for enforcing compliance with the 
terms and conditions of the transfer of property used for public park 
or recreation purposes?

    The Secretary of the Interior is responsible for enforcing 
compliance

[[Page 67830]]

with the terms and conditions of transfer. The Secretary of the 
Interior is also responsible for reforming, correcting, or amending any 
transfer instrument; granting releases; and for recapturing any 
property following the provisions of 40 U.S.C. 550(b). These actions 
are subject to the approval of the head of the disposal agency. DOI 
must notify the head of the disposal agency of its intent to take or 
recapture the property. The notice must identify the property affected 
and describe in detail the proposed action, including the reasons for 
the proposed action.


Sec.  102-75.690  What happens if property that was transferred for use 
as a public park or recreation area is revested in the United States by 
reason of noncompliance with the terms or conditions of disposal, or 
for other cause?

    DOI must notify the appropriate GSA regional office immediately by 
letter when title to property transferred for use as a public park or 
recreation area is to be revested in the United States for 
noncompliance with the terms or conditions of disposal or for other 
cause. The notification must cite the legal and administrative actions 
that DOI must take to obtain full title and possession of the property. 
In addition, it must include an adequate description of the property, 
using the Report of Excess Real Property (Standard Form 118) and the 
appropriate schedules. After receiving notice from DOI that title to 
the property is proposed for revesting, GSA will review the statement 
and determine if title should be revested. If GSA, in consultation with 
DOI, determines that the property should be revested, DOI must submit a 
Standard Form 118 to GSA. GSA will review and act upon the Standard 
Form 118, if acceptable. However, the grantee must provide protection 
and maintenance for the property until the title reverts to the Federal 
Government, including the period of any notice of intent to revert. 
Such protection and maintenance must, at a minimum, conform to the 
standards prescribed in the GSA Customer Guide to Real Property 
Disposal.

Property for Displaced Persons


Sec.  102-75.695  Who can receive surplus real property for the purpose 
of providing replacement housing for persons who are to be displaced by 
Federal or Federally assisted projects?

    Section 218 of the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970, as amended, 42 U.S.C. 4638 (the 
Relocation Act), authorizes the disposal agency to transfer surplus 
real property to a State agency to provide replacement housing under 
title II of the Relocation Act for persons who are or will be displaced 
by Federal or Federally assisted projects.


Sec.  102-75.700  Which Federal agencies may solicit applications from 
eligible State agencies interested in acquiring the property to provide 
replacement housing for persons being displaced by Federal or Federally 
assisted projects?

    After receiving the surplus notice, any Federal agency needing 
property for replacement housing for displaced persons may solicit 
applications from eligible State agencies.


Sec.  102-75.705  When must the Federal agency notify the disposal 
agency that an eligible State agency is interested in acquiring the 
property under section 218?

    Federal agencies must notify the disposal agency within 30 calendar 
days after the date of the surplus notice, if an eligible State agency 
is interested in acquiring the property under section 218 of the 
Relocation Act.


Sec.  102-75.710  What responsibilities do landholding and disposal 
agencies have concerning properties used for providing replacement 
housing for persons who will be displaced by Federal or Federally 
assisted projects?

    Both landholding and disposal agencies must cooperate, to the 
fullest extent possible, with Federal and State agency representatives 
in their inspection of the property and in furnishing information 
relating to the property.


Sec.  102-75.715  When can a Federal agency request transfer of the 
property to the selected State agency?

    Federal agencies must advise the disposal agency and request 
transfer of the property to the selected State agency within 30 
calendar days after the expiration of the 30-calendar day period 
specified in Sec.  102-75.705.


Sec.  102-75.720  Is there a specific or preferred format for the 
transfer request and who should receive it?

    Any request submitted by a Federal agency must be in the form of a 
letter addressed to the appropriate GSA Public Buildings Service (PBS) 
regional property disposal office.


Sec.  102-75.725  What does the transfer request contain?

    Any transfer request must include--
    (a) Identification of the property by name, location, and control 
number;
    (b) The name and address of the specific State agency and a copy of 
the State agency's application or proposal;
    (c) A certification by the appropriate Federal agency official that 
the property is required to house displaced persons authorized by 
section 218; that all other options authorized under title II of the 
Relocation Act have been explored and replacement housing cannot be 
found or made available through those channels; and that the Federal or 
Federally assisted project cannot be accomplished unless the property 
is made available for replacement housing;
    (d) Any special terms and conditions that the Federal agency deems 
necessary to include in conveyance instruments to ensure that the 
property is used for the intended purpose;
    (e) The name and proposed location of the Federal or Federally 
assisted project that is creating the requirement;
    (f) Purpose of the project;
    (g) Citation of enabling legislation or authorization for the 
project, when appropriate;
    (h) A detailed outline of steps taken to obtain replacement housing 
for displaced persons as authorized under title II of the Relocation 
Act; and
    (i) Details of the arrangements that have been made to construct 
replacement housing on the surplus property and to ensure that 
displaced persons will be provided housing in the development.


Sec.  102-75.730  What happens if a Federal agency does not submit a 
transfer request to the disposal agency for property to be used for 
replacement housing for persons who will be displaced by Federal or 
Federally assisted projects?

    If the disposal agency does not receive a request for assignment or 
transfer of the property under Sec.  102-75.715, then the disposal 
agency must proceed with other appropriate disposal actions.


Sec.  102-75.735  What happens after the disposal agency receives the 
transfer request from the Federal agency?

    If, after considering other uses for the property, the disposal 
agency determines that the property should be made available for 
replacement housing under section 218, it must transfer the property to 
the designated State agency on such terms and conditions as will 
protect the United States' interests, including the payment or the 
agreement to pay to the United States all amounts received by the State 
agency from any sale, lease, or other disposition of the property for 
such housing. The sale, lease, or other disposition of the property by 
the State agency must be at the fair market value as approved by the 
disposal agency, unless a compelling justification is offered for 
disposal of the property at less than fair market value. Disposal of 
the property at less than fair market value must also be approved by 
the disposal agency.

[[Page 67831]]

Sec.  102-75.740  Does the State agency have any responsibilities in 
helping to accomplish the transfer of the property?

    Yes, the State agency is required to bear the costs of any out-of-
pocket expenses necessary to accomplish the transfer, such as costs of 
surveys, fencing, or security of the remaining property.


Sec.  102-75.745  What happens if the property transfer request is not 
approved by the disposal agency?

    If the request is not approved, the disposal agency must notify the 
Federal agency requesting the transfer. The disposal agency must 
furnish a copy of the notice of disapproval to the landholding agency.

Property for Correctional Facility, Law Enforcement, or Emergency 
Management Response Purposes


Sec.  102-75.750  Who is eligible to receive surplus real and related 
personal property for correctional facility, law enforcement, or 
emergency management response purposes?

    Under 40 U.S.C. 553, the head of the disposal agency or designee 
may, in his or her discretion, convey, without monetary consideration, 
to any State, or to those governmental bodies named in the section; or 
to any political subdivision or instrumentality, surplus real and 
related personal property for--
    (a) Correctional facility purposes, if the Attorney General has 
determined that the property is required for such purposes and has 
approved an appropriate program or project for the care or 
rehabilitation of criminal offenders;
    (b) Law enforcement purposes, if the Attorney General has 
determined that the property is required for such purposes; or
    (c) Emergency management response purposes, including fire and 
rescue services, if the Director of the Federal Emergency Management 
Agency (FEMA) has determined that the property is required for such 
purposes.


Sec.  102-75.755  Which Federal agencies must the disposal agency 
notify concerning the availability of surplus properties for 
correctional facility, law enforcement, or emergency management 
response purposes?

    The disposal agency must provide prompt notification to the Office 
of Justice Programs (OJP), Department of Justice (DOJ), and FEMA that 
surplus property is available. The disposal agency's notice or 
notification must include a copy of the landholding agency's Report of 
Excess Real Property (Standard Form 118), with accompanying schedules.


Sec.  102-75.760  Who must the Office of Justice Programs (OJP) and the 
Federal Emergency Management Agency (FEMA) notify that surplus real 
property is available for correctional facility, law enforcement, or 
emergency management response purposes?

    OJP or FEMA must send notices of availability to the appropriate 
State and local public agencies. The notices must state that OJP or 
FEMA, as appropriate, must coordinate and approve any planning involved 
in developing a comprehensive and coordinated plan of use and 
procurement for the property for correctional facility, law 
enforcement, or emergency management response use. The notice must also 
state that public agencies may obtain application forms and preparation 
instructions from OJP or FEMA.


Sec.  102-75.765  What does the term ``law enforcement'' mean?

    The OJP defines ``law enforcement'' as ``any activity involving the 
control or reduction of crime and juvenile delinquency, or enforcement 
of the criminal law, including investigative activities such as 
laboratory functions as well as training.''


Sec.  102-75.770  Is the disposal agency required to approve a 
determination by the Department of Justice (DOJ) that identifies 
surplus property for correctional facility use or for law enforcement 
use?

    Yes, the disposal agency must approve a determination, under Sec.  
102-75.795, by DOJ that identifies surplus property required for 
correctional facility use or for law enforcement use before an eligible 
public agency can obtain such property for correctional facility or law 
enforcement use.


Sec.  102-75.775  Is the disposal agency required to approve a 
determination by FEMA that identifies surplus property for emergency 
management response use?

    Yes, the disposal agency must approve a determination, under Sec.  
102-75.795, by FEMA that identifies surplus property required for 
emergency management response use before an eligible public agency can 
obtain such property for emergency management response use.


Sec.  102-75.780  When must DOJ or FEMA notify the disposal agency that 
an eligible applicant is interested in acquiring the property?

    OJP or FEMA must notify the disposal agency within 30 calendar days 
after the date of the surplus notice, if there is an eligible applicant 
interested in acquiring the property. After that 30-calendar day period 
expires, OJP or FEMA then has another 30 days to review and approve an 
appropriate program and notify the disposal agency of the need for the 
property. If no application is approved, then OJP or FEMA must notify 
the disposal agency that there is no requirement for the property 
within the 30-calendar day period allotted for review and approval.


Sec.  102-75.785  What specifically must DOJ or FEMA address in the 
assignment request or recommendation that is submitted to the disposal 
agency?

    Any determination that DOJ or FEMA submits to the disposal agency 
must provide complete information concerning the correctional facility, 
law enforcement, or emergency management response use, including--
    (a) Identification of the property;
    (b) Certification that the property is required for correctional 
facility, law enforcement, or emergency management response use;
    (c) A copy of the approved application that defines the proposed 
plan of use; and
    (d) The environmental impact of the proposed correctional facility, 
law enforcement, or emergency management response use.


Sec.  102-75.790  What responsibilities do landholding agencies and 
disposal agencies have concerning properties to be used for 
correctional facility, law enforcement, or emergency management 
response purposes?

    Both landholding and disposal agencies must cooperate to the 
fullest extent possible with Federal and State agency representatives 
in their inspection of such property and in furnishing information 
relating to the property.


Sec.  102-75.795  What happens after the disposal agency receives the 
assignment request by DOJ or FEMA?

    If, after considering other uses for the property, the disposal 
agency approves the assignment request by DOJ or FEMA, the disposal 
agency must convey the property to the appropriate grantee. The 
disposal agency must proceed with other disposal action if it does not 
approve the assignment request, if DOJ or FEMA does not submit an 
assignment request, or if the disposal agency does not receive the 
determination within the 30 calendar days specified in Sec.  102-
75.780. The disposal agency must notify OJP or FEMA 15 days prior to 
any announcement of a determination to either approve or disapprove an 
application for correctional, law enforcement, or emergency management 
response purposes and must furnish to OJP or FEMA a copy of the 
conveyance documents.

[[Page 67832]]

Sec.  102-75.800  What information must be included in the deed of 
conveyance?

    The deed of conveyance of any surplus real property transferred 
under the provisions of 40 U.S.C. 553 must provide that all property be 
used and maintained for the purpose for which it was conveyed in 
perpetuity. If the property ceases to be used or maintained for that 
purpose, all or any portion of the property must, at the option of the 
United States, revert to the United States in its existing condition. 
The deed of conveyance may contain additional terms, reservations, 
restrictions, and conditions the Administrator of General Services 
determines to be necessary to safeguard the United States' interests.


Sec.  102-75.805  Who is responsible for enforcing compliance with the 
terms and conditions of the transfer of the property used for 
correctional facility, law enforcement, or emergency management 
response purposes?

    The Administrator of General Services is responsible for enforcing 
compliance with the terms and conditions of disposals of property to be 
used for correctional facility, law enforcement, or emergency 
management response purposes. GSA is also responsible for reforming, 
correcting, or amending any disposal instrument; granting releases; and 
any action necessary for recapturing the property following the 
provisions of 40 U.S.C. 553(e).


Sec.  102-75.810  What responsibilities do OJP or FEMA have if they 
discover any information indicating a change in use of a transferred 
property?

    Upon discovery of any information indicating a change in use, OJP 
or FEMA must--
    (a) Notify GSA; and
    (b) Upon request, make a redetermination of continued 
appropriateness of the use of a transferred property.


Sec.  102-75.815  What happens if property conveyed for correctional 
facility, law enforcement, or emergency management response purposes is 
found to be in noncompliance with the terms of the conveyance 
documents?

    OJP or FEMA must, prior to the repossession, provide the 
appropriate GSA regional property disposal office with an accurate 
description of the real and related personal property involved. OJP or 
FEMA must use the Report of Excess Real Property (Standard Form 118), 
and the appropriate schedules for this purpose. After receiving a 
statement from OJP or FEMA that the title to the property is proposed 
for revesting, GSA will review the statement and determine if title 
should be revested. If GSA, in consultation with OJP or FEMA, 
determines that the property should be revested, OJP or FEMA must 
submit a Standard Form 118 to GSA. GSA will review and act upon the 
Standard Form 118, if acceptable. However, the grantee must provide 
protection and maintenance for the property until the title reverts to 
the Federal Government, including the period following any notice of 
intent to revert. Such protection and maintenance must, at a minimum, 
conform to the standards prescribed in the GSA Customer Guide to Real 
Property Disposal.

Property for Port Facility Use


Sec.  102-75.820  Which Federal agency is eligible to receive surplus 
real and related personal property for the development or operation of 
a port facility?

    Under 40 U.S.C. 554, the Administrator of General Services, the 
Secretary of the Department of Defense (in the case of property located 
at a military installation closed or realigned pursuant to a base 
closure law), or their designee, may assign to the Secretary of the 
Department of Transportation (DOT) for conveyance, without monetary 
consideration, to any State, or to governmental bodies, any political 
subdivision, municipality, or instrumentality, surplus real and related 
personal property, including buildings, fixtures, and equipment 
situated on the property, that DOT recommends as being needed for the 
development or operation of a port facility.


Sec.  102-75.825  Who must the disposal agency notify when surplus real 
and related personal property is available for port facility use?

    The disposal agency must notify established State, regional or 
metropolitan clearinghouses and eligible public agencies that surplus 
real property is available for the development or operation of a port 
facility. The disposal agency must transmit a copy of the notice to DOT 
and a copy of the landholding agency's Report of Excess Real Property 
(Standard Form 118 and supporting schedules).


Sec.  102-75.830  What does the surplus notice contain?

    Surplus notices to eligible public agencies must state--
    (a) That public agencies must coordinate any planning involved in 
the development of the comprehensive and coordinated plan of use and 
procurement of property, with DOT, the Secretary of Labor, and the 
Secretary of Commerce;
    (b) That any party interested in acquiring the property for use as 
a port facility must contact the Department of Transportation, Maritime 
Administration, for the application and instructions;
    (c) That the disposal agency must approve a recommendation from DOT 
before it can assign the property to DOT (see Sec.  102-75.905); and
    (d) That any subsequent conveyance is subject to the approval of 
the head of the disposal agency as stipulated under 40 U.S.C. 554 and 
referenced in Sec.  102-75.865.


Sec.  102-75.835  When must DOT notify the disposal agency that an 
eligible applicant is interested in acquiring the property?

    DOT must notify the disposal agency within 30 calendar days after 
the date of the surplus notice if there is an eligible applicant 
interested in acquiring the property. After that 30-calendar day period 
expires, DOT then has another 30 calendar days to review and approve 
applications and notify the disposal agency of the need for the 
property. If no application is approved, then DOT must notify the 
disposal agency that there is no requirement for the property within 
the same 30-calendar day period allotted for review and approval.


Sec.  102-75.840  What action must the disposal agency take after an 
eligible public agency has submitted a plan of use for and an 
application to acquire a port facility property?

    Whenever an eligible public agency has submitted a plan of use for 
a port facility requirement, the disposal agency must transmit two 
copies of the plan to DOT. DOT must either submit to the disposal 
agency, within 30 calendar days after the date the plan is transmitted, 
a recommendation for assignment of the property to DOT, or inform the 
disposal agency, within the 30-calendar day period, that a 
recommendation will not be made for assignment of the property to DOT.


Sec.  102-75.845  What must DOT address in the assignment 
recommendation submitted to the disposal agency?

    Any assignment recommendation that DOT submits to the disposal 
agency must provide complete information concerning the contemplated 
port facility use, including--
    (a) An identification of the property;
    (b) An identification of the applicant;
    (c) A copy of the approved application, which defines the proposed 
plan of use of the property;
    (d) A statement that DOT's determination (that the property is 
located in an area of serious economic disruption) was made in 
consultation with the Secretary of Labor;
    (e) A statement that DOT approved the economic development plan,

[[Page 67833]]

associated with the plan of use of the property, in consultation with 
the Secretary of Commerce; and
    (f) A copy of the explanatory statement, required under 40 U.S.C. 
554(c)(2)(C).


Sec.  102-75.850  What responsibilities do landholding agencies have 
concerning properties to be used in the development or operation of a 
port facility?

    Landholding agencies must cooperate to the fullest extent possible 
with DOT representatives and the Secretary of Commerce in their 
inspection of such property, and with the Secretary of Labor in 
affirming that the property is in an area of serious economic 
disruption, and in furnishing any information relating to such 
property.


Sec.  102-75.855  What happens if DOT does not submit an assignment 
recommendation?

    If DOT does not submit an assignment recommendation or if it is not 
received within 30 calendar days, the disposal agency must proceed with 
other disposal action.


Sec.  102-75.860  What happens after the disposal agency receives the 
assignment recommendation from DOT?

    If, after considering other uses for the property, the disposal 
agency approves the assignment recommendation from DOT, the disposal 
agency must assign the property by letter or other document to DOT. If 
the disposal agency disapproves the recommendation, the disposal agency 
must likewise notify DOT. The disposal agency must furnish to the 
landholding agency a copy of the assignment, unless the landholding 
agency is also the disposal agency.


Sec.  102-75.865  What responsibilities does DOT have after receiving 
the disposal agency's assignment letter?

    After receiving the assignment letter from the disposal agency, DOT 
must provide the disposal agency with a Notice of Proposed Transfer 
within 30 calendar days after the date of the assignment letter. If the 
disposal agency approves the proposed transfer within 30 calendar days 
of the receipt of the Notice of Proposed Transfer, DOT may prepare the 
conveyance documents and proceed with the conveyance. DOT must take all 
necessary actions to accomplish the conveyance within 15 calendar days 
after the expiration of the 30-calendar day period provided for the 
disposal agency to consider the notice. DOT must furnish the disposal 
agency two conformed copies of the instruments conveying property and 
all related documents containing restrictions or conditions regulating 
the future use, maintenance, or transfer of the property.


Sec.  102-75.870  Who is responsible for enforcing compliance with the 
terms and conditions of the port facility conveyance?

    DOT is responsible for enforcing compliance with the terms and 
conditions of conveyance, including reforming, correcting, or amending 
any instrument of conveyance; granting releases; and taking any 
necessary actions to recapture the property following the provisions of 
40 U.S.C. 554(f). Any of these actions are subject to the approval of 
the head of the disposal agency. DOT must notify the head of the 
disposal agency of its intent to take any proposed action, identify the 
property affected, and describe in detail the proposed action, 
including the reasons for the proposed action.


Sec.  102-75.875  What happens in the case of repossession by the 
United States under a reversion of title for noncompliance with the 
terms or conditions of conveyance?

    In each case of a repossession by the United States, DOT must, at 
or prior to reversion of title, provide the appropriate GSA regional 
property disposal office, with a Report of Excess Real Property 
(Standard Form 118) and accompanying schedules. After receiving a 
statement from DOT that title to the property is proposed for 
revesting, GSA will review the statement and determine if title should 
be revested. If GSA, in consultation with DOT, determines that the 
property should be revested, DOT must submit a Standard Form 118 to 
GSA. GSA will review and act upon the Standard Form 118, if acceptable. 
However, the grantee must provide protection and maintenance for the 
property until the title reverts to the Federal Government, including 
the period following the notice of intent to revert. Such protection 
and maintenance must, at a minimum, conform to the standards prescribed 
in the GSA Customer Guide to Real Property Disposal.

Negotiated Sales


Sec.  102-75.880  When may Executive agencies conduct negotiated sales?

    Executive agencies may conduct negotiated sales only when--
    (a) The estimated fair market value of the property does not exceed 
$15,000;
    (b) Bid prices after advertising are unreasonable (for all or part 
of the property) or were not independently arrived at in open 
competition;
    (c) The character or condition of the property or unusual 
circumstances make it impractical to advertise for competitive bids and 
the fair market value of the property and other satisfactory terms of 
disposal are obtainable by negotiation;
    (d) The disposals will be to States, the Commonwealth of Puerto 
Rico, possessions, political subdivisions, or tax-supported agencies 
therein, and the estimated fair market value of the property and other 
satisfactory terms of disposal are obtainable by negotiation. 
Negotiated sales to public bodies can only be conducted if a public 
benefit, which would not be realized from a competitive sale, will 
result from the negotiated sale; or
    (e) Negotiation is otherwise authorized by Chapter 5 of Subtitle I 
of Title 40 of the United States Code or other law, such as disposals 
of power transmission lines for public or cooperative power projects.


Sec.  102-75.885  What are the disposal agency's responsibilities 
concerning negotiated sales?

    The disposal agency must--
    (a) Obtain such competition as is feasible in all negotiations of 
disposals and contracts for disposal of surplus property; and
    (b) Prepare and transmit an explanatory statement if the fair 
market value of the property exceeds $100,000, identifying the 
circumstances of each disposal by negotiation for any real property 
specified in 40 U.S.C. 545(e), to the appropriate committees of the 
Congress in advance of such disposal.


Sec.  102-75.890  What clause must be in the offer to purchase and 
conveyance documents for negotiated sales to public agencies?

    Disposal agencies must include in the offer to purchase and 
conveyance documents an excess profits clause, which usually runs for 3 
years, to eliminate the potential for windfall profits to public 
agencies. This clause states that, if the purchaser should sell or 
enter into agreements to sell the property within 3 years from the date 
of title transfer by the Federal Government, all proceeds in excess of 
the purchaser's costs will be remitted to the Federal Government.


Sec.  102-75.895  What wording must generally be in the excess profits 
clause that is required in the offer to purchase and in the conveyance 
document?

    The wording of the excess profits clause should generally be as 
follows:
    Excess Profits Covenant for Negotiated Sales to Public Bodies
    (a) This covenant shall run with the land for a period of 3 
years from the date of conveyance. With respect to the property 
described in this deed, if at any time within a 3-year period from 
the date of transfer of title by the Grantor, the Grantee, or its

[[Page 67834]]

successors or assigns, shall sell or enter into agreements to sell 
the property, either in a single transaction or in a series of 
transactions, it is covenanted and agreed that all proceeds received 
or to be received in excess of the Grantee's or a subsequent 
seller's actual allowable costs will be remitted to the Grantor. In 
the event of a sale of less than the entire property, actual 
allowable costs will be apportioned to the property based on a fair 
and reasonable determination by the Grantor.
    (b) For purposes of this covenant, the Grantee's or a subsequent 
seller's allowable costs shall include the following:
    (1) The purchase price of the real property.
    (2) The direct costs actually incurred and paid for improvements 
that serve only the property, including road construction, storm and 
sanitary sewer construction, other public facilities or utility 
construction, building rehabilitation and demolition, landscaping, 
grading, and other site or public improvements.
    (3) The direct costs actually incurred and paid for design and 
engineering services with respect to the improvements described in 
(b)(2) of this section.
    (4) The finance charges actually incurred and paid in 
conjunction with loans obtained to meet any of the allowable costs 
enumerated above.
    (c) None of the allowable costs described in paragraph (b) of 
this section will be deductible if defrayed by Federal grants or if 
used as matching funds to secure Federal grants.
    (d) To verify compliance with the terms and conditions of this 
covenant, the Grantee, or its successors or assigns, shall submit an 
annual report for each of the subsequent 3 years to the Grantor on 
the anniversary date of this deed. Each report will identify the 
property involved in this transaction and will contain such of the 
following items of information as are applicable at the time of 
submission:
    (1) A statement indicating whether or not a resale has been 
made.
    (2) A description of each portion of the property that has been 
resold.
    (3) The sale price of each such resold portion.
    (4) The identity of each purchaser.
    (5) The proposed land use.
    (6) An enumeration of any allowable costs incurred and paid that 
would offset any realized profit.
    (e) The Grantor may monitor the property and inspect records 
related thereto to ensure compliance with the terms and conditions 
of this covenant and may take any actions that it deems reasonable 
and prudent to recover any excess profits realized through the 
resale of the property.


Sec.  102-75.900  What is a negotiated sale for economic development 
purposes?

    A negotiated sale for economic development purposes means that the 
public body purchasing the property will develop or make substantial 
improvements to the property with the intention of reselling 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 are greater than the anticipated 
proceeds derived from a competitive public sale.

Explanatory Statements for Negotiated Sales


Sec.  102-75.905  When must the disposal agency prepare an explanatory 
statement?

    The disposal agency must prepare an explanatory statement of the 
circumstances of each of the following proposed disposals by 
negotiation:
    (a) Any real property that has an estimated fair market value in 
excess of $100,000, except that any real property disposed of by lease 
or exchange is subject only to paragraphs (b) through (d) of this 
section.
    (b) Any real property disposed of by lease for a term of 5 years or 
less, if the estimated fair annual rent is in excess of $100,000 for 
any of such years.
    (c) Any real property disposed of by lease for a term of more than 
5 years, if the total estimated rent over the term of the lease is in 
excess of $100,000.
    (d) Any real property or real and related personal property 
disposed of by exchange, regardless of value, or any property disposed 
in which any part of the consideration is real property.


Sec.  102-75.910  Are there any exceptions to this policy of preparing 
explanatory statements?

    Yes, the disposal agency is not required to prepare an explanatory 
statement for property authorized to be disposed of without advertising 
by any provision of law other than 40 U.S.C. 545.


Sec.  102-75.915  Do disposal agencies need to retain a copy of the 
explanatory statement?

    Yes, disposal agencies must retain a copy of the explanatory 
statement in their files.


Sec.  102-75.920  Where is the explanatory statement sent?

    Disposal agencies must submit each explanatory statement to the 
Administrator of General Services for review and transmittal by letter 
from the Administrator of General Services to the Senate Committee on 
Governmental Affairs and the House Committee on Government Reform and 
any other appropriate committees of the Senate and House of 
Representatives. Disposal agencies must include in the submission to 
the Administrator of General Services any supporting data that may be 
relevant and necessary for evaluating the proposed action.


Sec.  102-75.925  Is GSA required to furnish the disposal agency with 
the explanatory statement's transmittal letter sent to Congress?

    Yes, GSA must furnish copies of its transmittal letters to the 
committees of the Congress (see Sec.  102-75.920) to the disposal 
agency.


Sec.  102-75.930  What happens if there is no objection by an 
appropriate committee or subcommittee of Congress concerning the 
proposed negotiated sale?

    If there is no objection, the disposal agency may consummate the 
sale on or after 35 days from the date the Administrator of General 
Services transmitted the explanatory statement to the committees. If 
there is an objection, the disposal agency must resolve objections with 
the appropriate Congressional committee or subcommittee before 
consummating the sale.

Public Sales


Sec.  102-75.935  What are disposal agencies' responsibilities 
concerning public sales?

    Disposal agencies must make available by competitive public sale 
any surplus property that is not disposed of by public benefit discount 
conveyance or by negotiated sale. Awards must be made to the 
responsible bidder whose bid will be most advantageous to the 
Government, price and other factors considered.

Disposing of Easements


Sec.  102-75.936  When can an agency dispose of an easement?

    When the use, occupancy or control of an easement is no longer 
needed, agencies may release the easement to the owner of the land 
subject to the easement (servient estate).


Sec.  102-75.937  Can an easement be released or disposed of at no 
cost?

    Yes. However, agencies must consider the Government's cost of 
acquiring the easement and other factors when determining if the 
easement will be disposed of with or without monetary or other 
consideration. If the easement was acquired at substantial 
consideration, agencies must--
    (a) Determine the easement's fair market value (estimate the fair 
market value of the fee land without the easement and with the easement 
then compute the difference or compute the damage the easement caused 
to the fee land); and
    (b) Negotiate the highest obtainable price with the owner of the 
servient estate to release the easement.

[[Page 67835]]

Sec.  102-75.938  May the easement and the land that benefited from the 
easement (dominant estate) be disposed of separately?

    Yes. If the easement is no longer needed in connection with the 
dominant estate, it may be disposed of separately to the owner of the 
servient estate. However, if the dominant estate is also surplus, the 
easement should be disposed of with the dominant estate.

Granting Easements


Sec.  102-75.939  When can agencies grant easements?

    Agencies may grant easements in, on, or over Government-owned real 
property upon determining that the easement will not adversely impact 
the Government's interests.


Sec.  102-75.940  Can agencies grant easements at no cost?

    Yes. Easements may be granted with or without monetary or other 
consideration, including any interest in real property.


Sec.  102-75.941  Does an agency retain responsibility for the 
easement?

    Agencies may relinquish legislative jurisdiction as deemed 
necessary and desirable to the State where the real property containing 
the easement is located.


Sec.  102-75.942  What must agencies consider when granting easements?

    Agencies must--
    (a) Determine the easement's fair market value; and
    (b) Determine the remaining property's reduced or enhanced value 
because of the easement.


Sec.  102-75.943  What happens if granting an easement will reduce the 
value of the property?

    If the easement will reduce the property's value, agencies must 
grant the easement for the amount by which the property's fair market 
value is decreased unless the agency determines that the Government's 
best interests are served by granting the easement at either reduced or 
without monetary or other consideration.

Non-Federal Interim Use of Surplus Property


Sec.  102-75.944  Can landholding agencies outlease surplus real 
property for non-Federal interim use?

    Yes, landholding agencies who possess independent authority to 
outlease property may allow organizations to use surplus real property 
awaiting disposal using either a lease or permit, only when--
    (a) The lease or permit does not exceed one year and is revocable 
with not more than a 30-day notice by the disposal agency;
    (b) The use and occupancy will not interfere with, delay, or impede 
the disposal of the property; and
    (c) The agency executing the agreement is responsible for the 
servicing of such property.

Subpart D--Management of Excess and Surplus Real Property


Sec.  102-75.945  What is GSA's policy concerning the physical care, 
handling, protection, and maintenance of excess and surplus real 
property and related personal property?

    GSA's policy is to--
    (a) Manage excess and surplus real property, including related 
personal property, by providing only those minimum services necessary 
to preserve the Government's interest and realizable value of the 
property considered;
    (b) Place excess and surplus real property in productive use 
through interim utilization, provided, that such temporary use and 
occupancy do not interfere with, delay, or impede its transfer to a 
Federal agency or disposal; and
    (c) Render safe or destroy aspects of excess and surplus real 
property that are dangerous to the public health or safety.

Taxes and Other Obligations


Sec.  102-75.950  Who has the responsibility for paying property-
related obligations pending transfer or disposal of the property?

    Except as otherwise provided in Sec.  102-75.230, the landholding 
agency is still responsible for any and all operational costs and 
expenses or other property-related obligations pending transfer or 
disposal of the property.

Decontamination


Sec.  102-75.955  Who is responsible for decontaminating excess and 
surplus real property?

    The landholding agency is responsible for all expenses to the 
Government and for the supervision of the decontamination of excess and 
surplus real property that has been contaminated with hazardous 
materials of any sort. Extreme care must be exercised in the 
decontamination, management, and disposal of contaminated property in 
order to prevent such properties from becoming a hazard to the general 
public. The landholding agency must inform the disposal agency of any 
and all hazards involved relative to such property to protect the 
general public from hazards and to limit the Government's liability 
resulting from disposal or mishandling of hazardous materials.

Improvements or Alterations


Sec.  102-75.960  May landholding agencies make improvements or 
alterations to excess or surplus property in those cases where disposal 
is otherwise not feasible?

    Yes, landholding agencies may make improvements or alterations that 
involve rehabilitation, reconditioning, conversion, completion, 
additions, and replacements in excess or surplus structures, utilities, 
installations, and land improvements, in those cases where disposal 
cannot be accomplished without such improvements or alterations. 
However, agencies must not enter into commitments concerning 
improvements or alterations without GSA's prior approval.

Protection and Maintenance


Sec.  102-75.965  Who must perform the protection and maintenance of 
excess and surplus real property pending transfer to another Federal 
agency or disposal?

    The landholding agency remains responsible and accountable for 
excess and surplus real property, including related personal property, 
and must perform the protection and maintenance of such property 
pending transfer to another Federal agency or disposal. Guidelines for 
protection and maintenance of excess and surplus real property are in 
the GSA Customer Guide to Real Property Disposal. The landholding 
agency is responsible for complying with the requirements of the 
National Oil and Hazardous Substances Pollution Contingency Plan and 
initiating or cooperating with others in the actions prescribed for the 
prevention, containment, or remedy of hazardous conditions.


Sec.  102-75.970  How long is the landholding agency responsible for 
the expense of protection and maintenance of excess and surplus real 
property pending its transfer or disposal?

    Generally, the landholding agency is responsible for the cost of 
protection and maintenance of excess or surplus property until the 
property is transferred or disposed, but not more than 15 months. 
However, the landholding agency is responsible for providing and 
funding protection and maintenance during any delay beyond that 15 
month period, if the landholding agency--
    (a) Requests deferral of the disposal beyond the 15 month period;
    (b) Continues to occupy the property beyond the 15 month period to 
the detriment of orderly disposal; or

[[Page 67836]]

    (c) Otherwise takes actions that result in a delay in the 
disposition beyond the 15 months.


Sec.  102-75.975  What happens if the property is not conveyed or 
disposed of during this time frame?

    If the property is not transferred to a Federal agency or disposed 
of during the 15-month period mentioned in Sec.  102-75.970, then the 
disposal agency must pay or reimburse the landholding agency for 
protection and maintenance expenses incurred from the expiration date 
of said time period to final disposal, unless--
    (a) There is no written agreement between the landholding agency 
and the disposal agency specifying the maximum amount of protection and 
maintenance expenses for which the disposal agency is responsible;
    (b) The disposal agency's appropriation, as authorized by Congress, 
does not contain a provision to allow for payment and/or reimbursement 
of protection and maintenance expenses; or
    (c) The delay is caused by an Executive agency's request for an 
exception from the 100 percent reimbursement requirement specified in 
Sec.  102-75.205. In this latter case, the requesting agency becomes 
responsible for protection and maintenance expenses incurred because of 
the delay.


Sec.  102-75.980  Who is responsible for protection and maintenance 
expenses if there is no written agreement or no Congressional 
appropriation to the disposal agency?

    If there is no written agreement (between the landholding agency 
and the disposal agency) or no Congressional appropriation to the 
disposal agency, the landholding agency is responsible for all 
protection and maintenance expenses, without any right of contribution 
or reimbursement from the disposal agency.

Assistance in Disposition


Sec.  102-75.985  Is the landholding agency required to assist the 
disposal agency in the disposition process?

    Yes, the landholding agency must cooperate with the disposal agency 
in showing the property to prospective transferees or purchasers. 
Unless extraordinary expenses are incurred in showing the property, the 
landholding agency must absorb the entire cost of such actions.

Subpart E--Abandonment, Destruction, or Donation to Public Bodies


Sec.  102-75.990  May Federal agencies abandon, destroy, or donate to 
public bodies real property?

    Yes, subject to the restrictions in this subpart, any Federal 
agency having control of real property that has no commercial value or 
for which the estimated cost of continued care and handling exceeds the 
estimated proceeds from its sale, may--
    (a) Abandon or destroy Government-owned improvements and related 
personal property located on privately-owned land;
    (b) Destroy Government-owned improvements and related personal 
property located on Government-owned land (abandonment of such property 
is not authorized); or
    (c) Donate to public bodies any Government-owned real property 
(land and/or improvements and related personal property), or interests 
therein.

Dangerous Property


Sec.  102-75.995  May Federal agencies dispose of dangerous property?

    No, property that is dangerous to public health or safety must be 
made harmless or have adequate safeguards in place before it can be 
abandoned, destroyed, or donated to public bodies.

Determinations


Sec.  102-75.1000  How is the decision made to abandon, destroy, or 
donate property?

    No property shall be abandoned, destroyed, or donated by a Federal 
agency under Sec.  102-75.990, unless a duly authorized official of 
that agency determines, in writing, that--
    (a) The property has no commercial value; or
    (b) The estimated cost of its continued care and handling exceeds 
the estimated proceeds from its sale.


Sec.  102-75.1005  Who can make the determination within the Federal 
agency on whether a property can be abandoned, destroyed, or donated?

    Only a duly authorized official of that agency not directly 
accountable for the subject property can make the determination.


Sec.  102-75.1010  When is a reviewing authority required to approve 
the determination concerning a property that is to be abandoned, 
destroyed, or donated?

    A reviewing authority must approve determinations made under Sec.  
102-75.1000 before any such disposal, whenever all the property 
proposed to be disposed of by a Federal agency has a current estimated 
fair market value of more than $50,000.

Restrictions


Sec.  102-75.1015  Are there any restrictions on Federal agencies 
concerning property donations to public bodies?

    Yes, Federal agencies must obtain prior concurrence of GSA before 
donating to public bodies--
    (a) Improvements on land or related personal property having a 
current estimated fair market value in excess of $250,000; and
    (b) Land, regardless of cost.

Disposal Costs


Sec.  102-75.1020  Are public bodies ever required to pay the disposal 
costs associated with donated property?

    Yes, any public body receiving donated improvements on land or 
related personal property must pay the disposal costs associated with 
the donation, such as dismantling, removal, and the cleaning up of the 
premises.

Abandonment and Destruction


Sec.  102-75.1025  When can a Federal agency abandon or destroy 
improvements on land or related personal property in lieu of donating 
it to a public body?

    A Federal agency may not abandon or destroy improvements on land or 
related personal property unless a duly authorized official of that 
agency finds, in writing, that donating the property is not feasible. 
This written finding is in addition to the determination prescribed in 
Sec. Sec.  102-75.1000, 102-75.1005, and 102-75.1010. If donating the 
property becomes feasible at any time prior to actually abandoning or 
destroying the property, the Federal agency must donate it.


Sec.  102-75.1030  May Federal agencies abandon or destroy property in 
any manner they decide?

    No, Federal agencies may not abandon or destroy property in a 
manner that is detrimental or dangerous to public health or safety or 
that will infringe on the rights of other persons.


Sec.  102-75.1035  Are there any restrictions on Federal agencies 
concerning the abandonment or destruction of improvements on land or 
related personal property?

    Yes, GSA must concur in an agency's abandonment or destruction of 
improvements on land or related personal property prior to abandoning 
or destroying such improvements on land or related personal property--
    (a) That are of permanent type construction; or
    (b) The retention of which would enhance the value of the 
underlying

[[Page 67837]]

land, if it were to be made available for sale or lease.


Sec.  102-75.1040  May Federal agencies abandon or destroy improvements 
on land or related personal property before public notice is given of 
such proposed abandonment or destruction?

    Except as provided in Sec.  102-75.1045, a Federal agency must not 
abandon or destroy improvements on land or related personal property 
until after it has given public notice of the proposed abandonment or 
destruction. This notice must be given in the area in which the 
property is located, must contain a general description of the property 
to be abandoned or destroyed, and must include an offering of the 
property for sale. A copy of the notice must be given to the GSA 
regional property disposal office for the region in which the property 
is located.


Sec.  102-75.1045  Are there exceptions to the policy that requires 
public notice be given before Federal agencies abandon or destroy 
improvements on land or related personal property?

    Yes, property can be abandoned or destroyed without public notice 
if--
    (a) Its value is so low or the cost of its care and handling so 
great that retaining the property to post public notice is clearly not 
economical;
    (b) Health, safety, or security considerations require its 
immediate abandonment or destruction; or
    (c) The assigned mission of the agency might be jeopardized by the 
delay, and a duly authorized Federal agency official finds in writing, 
with respect to paragraph (a), (b), or (c) of this section, and a 
reviewing authority approves this finding. The finding must be in 
addition to the determinations prescribed in Sec. Sec.  102-75.1000, 
102-75.1005, 102-75.1010, and 102-75.1025.


Sec.  102-75.1050  Is there any property for which this subpart does 
not apply?

    Yes, this subpart does not apply to surplus property assigned for 
disposal to educational or public health institutions pursuant to 40 
U.S.C. 550(c) or (d).

Subpart F--Delegations

Delegation to the Department of Defense (DoD)


Sec.  102-75.1055  What is the policy governing delegations of real 
property disposal authority to the Secretary of Defense?

    GSA delegates to the Secretary of Defense the authority to 
determine that Federal agencies do not need Department of Defense 
controlled excess real property and related personal property having a 
total estimated fair market value, including all the component units of 
the property, of less than $50,000; and to dispose of the property by 
means deemed most advantageous to the United States.


Sec.  102-75.1060  What must the Secretary of Defense do before 
determining that DoD-controlled excess real property and related 
personal property is not required for the needs of any Federal agency 
and prior to disposal?

    The Secretary must conduct a Federal screening to determine that 
there is no further Federal need or requirement for the property.


Sec.  102-75.1065  When using a delegation of real property disposal 
authority under this subpart, is DoD required to report excess property 
to GSA?

    No, although the authority in this delegation must be used 
following the provisions of Chapter 5 of Subtitle I of Title 40 of the 
United States Code and its implementing regulations.


Sec.  102-75.1070  Can this delegation of authority to the Secretary of 
Defense be redelegated?

    Yes, the Secretary of Defense may redelegate the authority 
delegated in Sec.  102-75.1055 to any officer or employee of the 
Department of Defense.

Delegation to the Department of Agriculture (USDA)


Sec.  102-75.1075  What is the policy governing delegations of real 
property disposal authority to the Secretary of Agriculture?

    GSA delegates authority to the Secretary of Agriculture to 
determine that Federal agencies do not need USDA-controlled excess real 
property and related personal property having a total estimated fair 
market value, including all the component units of the property, of 
less than $50,000; and to dispose of the property by means deemed most 
advantageous to the United States.


Sec.  102-75.1080  What must the Secretary of Agriculture do before 
determining that USDA-controlled excess real property and related 
personal property is not required for the needs of any Federal agency 
and prior to disposal?

    The Secretary must conduct a Federal screening to determine that 
there is no further Federal need or requirement for the property.


Sec.  102-75.1085  When using a delegation of real property disposal 
authority under this subpart, is USDA required to report excess 
property to GSA?

    No, although the authority in this delegation must be used 
following the provisions of Chapter 5 of Subtitle I of Title 40 of the 
United States Code and its implementing regulations.


Sec.  102-75.1090  Can this delegation of authority to the Secretary of 
Agriculture be redelegated?

    Yes, the Secretary of Agriculture may redelegate authority 
delegated in Sec.  102-75.1075 to any officer or employee of the 
Department of Agriculture.

Delegation to the Department of the Interior


Sec.  102-75.1095  What is the policy governing delegations of 
authority to the Secretary of the Interior?

    GSA delegates authority to the Secretary of the Interior to--
    (a) Maintain custody, control, and accountability for mineral 
resources in, on, or under Federal real property that the Administrator 
or his designee occasionally designates as currently utilized, excess, 
or surplus to the Government's needs;
    (b) Dispose of mineral resources by lease and to administer those 
leases that are made; and
    (c) Determine that Federal agencies do not need Department of the 
Interior controlled excess real property and related personal property 
with an estimated fair market value, including all components of the 
property, of less than $50,000; and to dispose of the property by means 
most advantageous to the United States.


Sec.  102-75.1100  Can this delegation of authority to the Secretary of 
the Interior be redelegated?

    Yes, the Secretary of the Interior may redelegate this authority to 
any officer, official, or employee of the Department of the Interior.


Sec.  102-75.1105  What other responsibilities does the Secretary of 
the Interior have under this delegation of authority?

    Under this authority, the Secretary of the Interior is responsible 
for--
    (a) Maintaining proper inventory records, as head of the 
landholding agency;
    (b) Monitoring the minerals as necessary, as head of the 
landholding agency, to prevent unauthorized mining or removal of the 
minerals;
    (c) Securing any appraisals deemed necessary by the Secretary;
    (d) Coordinating with all surface landowners, Federal or otherwise, 
to prevent unnecessary interference with the surface use;
    (e) Restoring damaged or disturbed lands after removal of the 
mineral deposits;
    (f) Notifying the Administrator of General Services when the 
disposal of

[[Page 67838]]

all marketable mineral deposits is complete;
    (g) Complying with the applicable environmental laws and 
regulations, including the National Environmental Policy Act of 1969, 
as amended (42 U.S.C. 4321 et seq.); and the implementing regulations 
issued by the Council on Environmental Quality (40 CFR part 1500); 
section 106 of the National Historic Preservation Act of 1966, as 
amended (16 U.S.C. 470f); and the Coastal Zone Management Act of 1972 
(16 U.S.C. 1451 et seq.) and the Department of Commerce implementing 
regulations (15 CFR parts 923 and 930);
    (h) Forwarding promptly to the Administrator of General Services 
copies of any agreements executed under this authority; and
    (i) Providing the Administrator of General Services with an annual 
accounting of the proceeds received from leases executed under this 
authority.

Native American-Related Delegations


Sec.  102-75.1110  What is the policy governing delegations of 
authority to the Secretary of the Interior, the Secretary of Health and 
Human Services, and the Secretary of Education for property used in the 
administration of any Native American-related functions?

    GSA delegates authority to the Secretary of the Interior, the 
Secretary of Health and Human Services, and the Secretary of Education 
to transfer and to retransfer to each other, upon request, any of the 
property of each agency that is being used and will continue to be used 
in the administration of any functions relating to the Native 
Americans. The term property, as used in this delegation, includes real 
property and such personal property as the Secretary making the 
transfer or re-transfer determines to be related personal property. The 
Departments must exercise the authority conferred in this section 
following applicable GSA regulations issued pursuant to the provisions 
of Chapter 5 of Subtitle I of Title 40 of the United States Code.


Sec.  102-75.1115  Are there any limitations or restrictions on this 
delegation of authority?

    This authority must be used only in connection with property that 
the appropriate Secretary determines--
    (a) Comprises a functional unit;
    (b) Is located within the United States; and
    (c) Has an acquisition cost of $100,000 or less, provided that the 
transfer or retransfer does not include property situated in any area 
that is recognized as an urban area or place as identified by the most 
recent decennial census.


Sec.  102-75.1120  Does the property have to be Federally screened?

    No, screening is not required because it would accomplish no useful 
purpose, since the property subject to transfer or retransfer will 
continue to be used in the administration of any functions relating to 
Native Americans.


Sec.  102-75.1125  Can the transfer/retransfer under this delegation be 
at no cost or without consideration?

    Yes, transfers/retransfers under this delegation can be at no cost 
or without consideration, except--
    (a) Where funds programmed and appropriated for acquisition of the 
property are available to the Secretary requesting the transfer or 
retransfer; or
    (b) Whenever reimbursement at fair market value is required by 
subpart B of this part (entitled ``Utilization of Excess Real 
Property'').


Sec.  102-75.1130  What action must the Secretary requesting the 
transfer take where funds were not programmed and appropriated for 
acquisition of the property?

    The Secretary requesting the transfer or retransfer must certify in 
writing that no funds are available to acquire the property. The 
Secretary transferring or retransferring the property may make any 
determination necessary that would otherwise be made by GSA to carry 
out the authority contained in this delegation.


Sec.  102-75.1135  May this delegation of authority to the Secretary of 
the Interior, the Secretary of Health and Human Services, and the 
Secretary of Education be redelegated?

    Yes, the Secretary of the Interior, the Secretary of Health and 
Human Services, and the Secretary of Education may redelegate any of 
the authority contained in this delegation to any officers or employees 
of their respective departments.

Subpart G--Conditional Gifts of Real Property to Further the 
Defense Effort


Sec.  102-75.1140  What is the policy governing the acceptance or 
rejection of a conditional gift of real property for a particular 
defense purpose?

    Any Federal agency receiving an offer of a conditional gift of real 
property for a particular defense purpose within the purview of Chapter 
582-Public Law 537 (July 27, 1954) must notify the appropriate GSA 
regional property disposal office and must submit to GSA a 
recommendation indicating whether the Government should accept or 
reject the gift. Nothing in this subpart shall be construed as 
applicable to the acceptance of gifts under the provisions of other 
laws. Following receipt of such notification and recommendation, GSA 
must--
    (a) Consult with the interested agencies before it may accept or 
reject such conditional gifts of real property on behalf of the United 
States or before it transfers such conditional gifts of real property 
to an agency; and
    (b) Advise the donor and the agencies concerned of the action taken 
with respect to acceptance or rejection of the conditional gift and of 
its final disposition.


Sec.  102-75.1145  What action must the Federal agency receiving an 
offer of a conditional gift take?

    Prior to notifying the appropriate GSA regional property disposal 
office, the receiving Federal agency must acknowledge receipt of the 
offer in writing and advise the donor that the offer will be referred 
to the appropriate GSA regional property disposal office. The receiving 
agency must not indicate acceptance or rejection of the gift on behalf 
of the United States at this time. The receiving agency must provide a 
copy of the acknowledgment with the notification and recommendation to 
the GSA regional property disposal office.


Sec.  102-75.1150  What happens to the gift if GSA determines it to be 
acceptable?

    When GSA determines that the gift is acceptable and can be accepted 
and used in the form in which it was offered, GSA must designate an 
agency and transfer the gift without reimbursement to this agency to 
use as the donor intended.


Sec.  102-75.1155  May an acceptable gift of property be converted to 
money?

    GSA can determine whether or not a gift of property can and should 
be converted to money. After conversion, GSA must deposit the funds 
with the Treasury Department for transfer to an appropriate account 
that will best effectuate the intent of the donor, in accordance with 
Treasury Department procedures.

Subpart H--Use of Federal Real Property to Assist the Homeless

Definitions


Sec.  102-75.1160  What definitions apply to this subpart?

    Applicant means any representative of the homeless that has 
submitted an application to the Department of Health and Human Services 
to obtain use of a particular suitable property to assist the homeless.
    Checklist or property checklist means the form developed by HUD for 
use by landholding agencies to report the

[[Page 67839]]

information to be used by HUD in making determinations of suitability.
    Classification means a property's designation as unutilized, 
underutilized, excess, or surplus.
    Day means one calendar day, including weekends and holidays.
    Eligible organization means a State, unit of local government, or a 
private, non-profit organization that provides assistance to the 
homeless, and that is authorized by its charter or by State law to 
enter into an agreement with the Federal Government for use of real 
property for the purposes of this subpart. Representatives of the 
homeless interested in receiving a deed for a particular piece of 
surplus Federal property must be section 501(c)(3) tax exempt.
    Excess property means any property under the control of any 
Executive agency that is not required for the agency's needs or the 
discharge of its responsibilities, as determined by the head of the 
agency pursuant to 40 U.S.C. 524.
    GSA means the United States General Services Administration.
    HHS means the United States Department of Health and Human 
Services.
    Homeless means--
    (1) An individual or family that lacks a fixed, regular, and 
adequate nighttime residence; or
    (2) An individual or family that has a primary nighttime residence 
that is--
    (i) A supervised publicly or privately operated shelter designed to 
provide temporary living accommodations (including welfare hotels, 
congregate shelters, and transitional housing for the mentally ill);
    (ii) An institution that provides a temporary residence for 
individuals intended to be institutionalized; or
    (iii) A public or private place not designed for, or ordinarily 
used as, a regular sleeping accommodation for human beings. This term 
does not include any individual imprisoned or otherwise detained under 
an Act of Congress or a State law.
    HUD means the United States Department of Housing and Urban 
Development.
    ICH means the Interagency Council on the Homeless.
    Landholding agency means a Federal department or agency with 
statutory authority to control real property.
    Lease means an agreement between either HHS for surplus property, 
or landholding agencies in the case of non-excess properties or 
properties subject to the Base Closure and Realignment Act (Pub. L. 
100-526, 10 U.S.C. 2687), and the applicant, giving rise to the 
relationship of lessor and lessee for the use of Federal real property 
for a term of at least one year under the conditions set forth in the 
lease document.
    Non-profit organization means an organization, no part of the net 
earnings of which inures to the benefit of any member, founder, 
contributor, or individual; that has a voluntary board; that has an 
accounting system or has designated an entity that will maintain a 
functioning accounting system for the organization in accordance with 
generally accepted accounting procedures; and that practices 
nondiscrimination in the provision of assistance.
    Permit means a license granted by a landholding agency to use 
unutilized or underutilized property for a specific amount of time 
under terms and conditions determined by the landholding agency.
    Property means real property consisting of vacant land or 
buildings, or a portion thereof, that is excess, surplus, or designated 
as unutilized or underutilized in surveys by the heads of landholding 
agencies conducted pursuant to 40 U.S.C. 524.
    Regional Homeless Coordinator means a regional coordinator of the 
Interagency Council on the Homeless.
    Representative of the Homeless means a State or local government 
agency, or private non-profit organization that provides, or proposes 
to provide, services to the homeless.
    Screen means the process by which GSA surveys Federal agencies, or 
State, local and non-profit entities, to determine if any such entity 
has an interest in using excess Federal property to carry out a 
particular agency mission or a specific public use.
    State Homeless Coordinator means a State contact person designated 
by a State to receive and disseminate information and communications 
received from the Interagency Council on the Homeless in accordance 
with the McKinney-Vento Homeless Assistance Act of 1987, as amended (42 
U.S.C. 11320).
    Suitable property means that HUD has determined that a particular 
property satisfies the criteria listed in Sec.  102-75.1185.
    Surplus property means any excess real property not required by any 
Federal landholding agency for its needs or the discharge of its 
responsibilities, as determined by the Administrator of GSA.
    Underutilized means an entire property or portion thereof, with or 
without improvements, which is used only at irregular periods or 
intermittently by the accountable landholding agency for current 
program purposes of that agency, or which is used for current program 
purposes that can be satisfied with only a portion of the property.
    Unsuitable property means that HUD has determined that a particular 
property does not satisfy the criteria in Sec.  102-75.1185.
    Unutilized property means an entire property or portion thereof, 
with or without improvements, not occupied for current program purposes 
for the accountable Executive agency or occupied in caretaker status 
only.

Applicability


Sec.  102-75.1165  What is the applicability of this subpart?

    (a) This part applies to Federal real property that has been 
designated by Federal landholding agencies as unutilized, 
underutilized, excess, or surplus, and is, therefore, subject to the 
provisions of title V of the McKinney-Vento Homeless Assistance Act, as 
amended (42 U.S.C. 11411).
    (b) The following categories of properties are not subject to this 
subpart (regardless of whether they may be unutilized or 
underutilized):
    (1) Machinery and equipment.
    (2) Government-owned, contractor-operated machinery, equipment, 
land, and other facilities reported excess for sale only to the using 
contractor and subject to a continuing military requirement.
    (3) Properties subject to special legislation directing a 
particular action.
    (4) Properties subject to a court order.
    (5) Property not subject to survey requirements of Executive Order 
12512 (April 29, 1985).
    (6) Mineral rights interests.
    (7) Air Space interests.
    (8) Indian Reservation land subject to 40 U.S.C. 523.
    (9) Property interests subject to reversion.
    (10) Easements.
    (11) Property purchased in whole or in part with Federal funds, if 
title to the property is not held by a Federal landholding agency as 
defined in this part.

Collecting the Information


Sec.  102-75.1170  How will information be collected?

    (a) Canvass of landholding agencies. On a quarterly basis, HUD will 
canvass landholding agencies to collect information about property 
described as unutilized, underutilized, excess, or surplus in surveys 
conducted by the agencies under 40 U.S.C. 524, Executive Order 12512, 
and subpart H of this part.

[[Page 67840]]

 Each canvass will collect information on properties not previously 
reported and about property reported previously the status or 
classification of which has changed or for which any of the information 
reported on the property checklist has changed.
    (1) HUD will request descriptive information on properties 
sufficient to make a reasonable determination, under the criteria 
described below, of the suitability of a property for use as a facility 
to assist the homeless.
    (2) HUD will direct landholding agencies to respond to requests for 
information within 25 days of receipt of such requests.
    (b) Agency annual report. By December 31 of each year, each 
landholding agency must notify HUD regarding the current availability 
status and classification of each property controlled by the agency 
that--
    (1) Was included in a list of suitable properties published that 
year by HUD; and
    (2) Remains available for application for use to assist the 
homeless, or has become available for application during that year.
    (c) GSA inventory. HUD will collect information, in the same manner 
as described in paragraph (a) of this section, from GSA regarding 
property that is in GSA's current inventory of excess or surplus 
property.
    (d) Change in status. If the information provided on the property 
checklist changes subsequent to HUD's determination of suitability, and 
the property remains unutilized, underutilized, excess or surplus, the 
landholding agency must submit a revised property checklist in response 
to the next quarterly canvass. HUD will make a new determination of 
suitability and, if it differs from the previous determination, 
republish the property information in the Federal Register. For 
example, property determined unsuitable for national security concerns 
may no longer be subject to security restrictions, or property 
determined suitable may subsequently be found to be contaminated.

Suitability Determination


Sec.  102-75.1175  Who issues the suitability determination?

    (a) Suitability determination. Within 30 days after the receipt of 
information from landholding agencies regarding properties that were 
reported pursuant to the canvass described in Sec.  102-75.1170(a), HUD 
will determine, under criteria set forth in Sec.  102-75.1185, which 
properties are suitable for use as facilities to assist the homeless 
and report its determination to the landholding agency. Properties that 
are under lease, contract, license, or agreement by which a Federal 
agency retains a real property interest or which are scheduled to 
become unutilized or underutilized will be reviewed for suitability no 
earlier than six months prior to the expected date when the property 
will become unutilized or underutilized, except that properties subject 
to the Base Closure and Realignment Act may be reviewed up to eighteen 
months prior to the expected date when the property will become 
unutilized or underutilized.
    (b) Scope of suitability. HUD will determine the suitability of a 
property for use as a facility to assist the homeless without regard to 
any particular use.
    (c) Environmental information. HUD will evaluate the environmental 
information contained in property checklists forwarded to HUD by the 
landholding agencies solely for the purpose of determining suitability 
of properties under the criteria in Sec.  102-75.1185.
    (d) Written record of suitability determination. HUD will assign an 
identification number to each property reviewed for suitability. HUD 
will maintain a written public record of the following:
    (1) The suitability determination for a particular piece of 
property, and the reasons for that determination; and
    (2) The landholding agency's response to the determination pursuant 
to the requirements of Sec.  102-75.1190(a).
    (e) Property determined unsuitable. Property that is reviewed by 
HUD under this section and that is determined unsuitable for use to 
assist the homeless may not be made available for any other purpose for 
20 days after publication in the Federal Register of a notice of 
unsuitability to allow for review of the determination at the request 
of a representative of the homeless.
    (f) Procedures for appealing unsuitability determinations. (1) To 
request review of a determination of unsuitability, a representative of 
the homeless must contact HUD within 20 days of publication of notice 
in the Federal Register that a property is unsuitable. Requests may be 
submitted to HUD in writing or by calling 1-800-927-7588 (Toll Free). 
Written requests must be received no later than 20 days after notice of 
unsuitability is published in the Federal Register.
    (2) Requests for review of a determination of unsuitability may be 
made only by representatives of the homeless, as defined in Sec.  102-
75.1160.
    (3) The request for review must specify the grounds on which it is 
based, i.e., that HUD has improperly applied the criteria or that HUD 
has relied on incorrect or incomplete information in making the 
determination (e.g., that property is in a floodplain but not in a 
floodway).
    (4) Upon receipt of a request to review a determination of 
unsuitability, HUD will notify the landholding agency that such a 
request has been made, request that the agency respond with any 
information pertinent to the review, and advise the agency that it 
should refrain from initiating disposal procedures until HUD has 
completed its reconsideration regarding unsuitability.
    (i) HUD will act on all requests for review within 30 days of 
receipt of the landholding agency's response and will notify the 
representative of the homeless and the landholding agency in writing of 
its decision.
    (ii) If a property is determined suitable as a result of the 
review, HUD will request the landholding agency's determination of 
availability pursuant to Sec.  102-75.1190(a), upon receipt of which 
HUD will promptly publish the determination in the Federal Register. If 
the determination of unsuitability stands, HUD will inform the 
representative of the homeless of its decision.

Real Property Reported Excess to GSA


Sec.  102-75.1180  For the purposes of this subpart, what is the policy 
concerning real property reported excess to GSA?

    (a) Each landholding agency must submit a report to GSA of 
properties it determines excess. Each landholding agency must also 
provide a copy of HUD's suitability determination, if any, including 
HUD's identification number for the property.
    (b) If a landholding agency reports a property to GSA that has been 
reviewed by HUD for homeless assistance suitability and HUD determined 
the property suitable, GSA will screen the property pursuant to Sec.  
102-75.1180(g) and will advise HUD of the availability of the property 
for use by the homeless as provided in Sec.  102-75.1180(e). In lieu of 
the above, GSA may submit a new checklist to HUD and follow the 
procedures in Sec.  102-75.1180(c) through Sec.  102-75.1180(g).
    (c) If a landholding agency reports a property to GSA that has not 
been reviewed by HUD for homeless assistance suitability, GSA will 
complete a property checklist, based on information provided by the 
landholding agency, and will forward this checklist to HUD for a 
suitability determination. This checklist will

[[Page 67841]]

reflect any change in classification, i.e., from unutilized or 
underutilized to excess.
    (d) Within 30 days after GSA's submission, HUD will advise GSA of 
the suitability determination.
    (e) When GSA receives a letter from HUD listing suitable excess 
properties in GSA's inventory, GSA will transmit to HUD within 45 days 
a response that includes the following for each identified property:
    (1) A statement that there is no other compelling Federal need for 
the property and, therefore, the property will be determined surplus; 
or
    (2) A statement that there is further and compelling Federal need 
for the property (including a full explanation of such need) and that, 
therefore, the property is not presently available for use to assist 
the homeless.
    (f) When an excess property is determined suitable and available 
and notice is published in the Federal Register, GSA will concurrently 
notify HHS, HUD, State and local government units, known homeless 
assistance providers that have expressed interest in the particular 
property, and other organizations, as appropriate, concerning suitable 
properties.
    (g) Upon submission of a Report of Excess to GSA, GSA may screen 
the property for Federal use. In addition, GSA may screen State and 
local governmental units and eligible non-profit organizations to 
determine interest in the property in accordance with current 
regulations. (See GSA Customer Guide to Real Property Disposal.)
    (h) The landholding agency will retain custody and accountability 
and will protect and maintain any property that is reported excess to 
GSA as provided in Sec.  102-75.965.

Suitability Criteria


Sec.  102-75.1185  What are suitability criteria?

    (a) All properties, buildings, and land will be determined suitable 
unless a property's characteristics include one or more of the 
following conditions:
    (1) National security concerns. A property located in an area to 
which the general public is denied access in the interest of national 
security (e.g., where a special pass or security clearance is a 
condition of entry to the property) will be determined unsuitable. 
Where alternative access can be provided for the public without 
compromising national security, the property will not be determined 
unsuitable on this basis.
    (2) Property containing flammable or explosive materials. A 
property located within 2,000 feet of an industrial, commercial, or 
Federal facility handling flammable or explosive material (excluding 
underground storage) will be determined unsuitable. Above ground 
containers with a capacity of 100 gallons or less, or larger containers 
that provide the heating or power source for the property, and that 
meet local safety, operation, and permitting standards, will not affect 
whether a particular property is determined suitable or unsuitable. 
Underground storage, gasoline stations, and tank trucks are not 
included in this category, and their presence will not be the basis of 
an unsuitability determination unless there is evidence of a threat to 
personal safety as provided in paragraph (a)(5) of this section.
    (3) Runway clear zone and military airfield clear zone. A property 
located within an airport runway clear zone or military airfield clear 
zone will be determined unsuitable.
    (4) Floodway. A property located in the floodway of a 100-year 
floodplain will be determined unsuitable. If the floodway has been 
contained or corrected, or if only an incidental portion of the 
property not affecting the use of the remainder of the property is in 
the floodway, the property will not be determined unsuitable.
    (5) Documented deficiencies. A property with a documented and 
extensive condition(s) that represents a clear threat to personal 
physical safety will be determined unsuitable. Such conditions may 
include, but are not limited to, contamination, structural damage, 
extensive deterioration, friable asbestos, PCBs, natural hazardous 
substances such as radon, periodic flooding, sinkholes, or earth 
slides.
    (6) Inaccessible. A property that is inaccessible will be 
determined unsuitable. An inaccessible property is one that is not 
accessible by road (including property on small off-shore islands) or 
is land locked (e.g., can be reached only by crossing private property 
and there is no established right or means of entry).
    (b) [Reserved]

Determination of Availability


Sec.  102-75.1190  What is the policy concerning determination of 
availability statements?

    (a) Within 45 days after receipt of a letter from HUD pursuant to 
Sec.  102-75.1170(a), each landholding agency must transmit to HUD a 
statement of one of the following:
    (1) In the case of unutilized or underutilized property--
    (i) An intention to declare the property excess;
    (ii) An intention to make the property available for use to assist 
the homeless; or
    (iii) The reasons why the property cannot be declared excess or 
made available for use to assist the homeless. The reasons given must 
be different than those listed as suitability criteria in Sec.  102-
75.1185.
    (2) In the case of excess property that had previously been 
reported to GSA--
    (i) A statement that there is no compelling Federal need for the 
property and that, therefore, the property will be determined surplus; 
or
    (ii) A statement that there is a further and compelling Federal 
need for the property (including a full explanation of such need) and 
that, therefore, the property is not presently available for use to 
assist the homeless.
    (b) [Reserved]

Public Notice of Determination


Sec.  102-75.1195  What is the policy concerning making public the 
notice of determination?

    (a) No later than 15 days after the last-45 day period has elapsed 
for receiving responses from the landholding agencies regarding 
availability, HUD will publish in the Federal Register a list of all 
properties reviewed, including a description of the property, its 
address, and classification. The following designations will be made:
    (1) Properties that are suitable and available.
    (2) Properties that are suitable and unavailable.
    (3) Properties that are suitable and to be declared excess.
    (4) Properties that are unsuitable.
    (b) Information about specific properties can be obtained by 
contacting HUD at the following toll free number: 1-800-927-7588.
    (c) HUD will transmit to the ICH a copy of the list of all 
properties published in the Federal Register. The ICH will immediately 
distribute to all state and regional homeless coordinators area-
relevant portions of the list. The ICH will encourage the state and 
regional homeless coordinators to disseminate this information widely.
    (d) No later than February 15 of each year, HUD will publish in the 
Federal Register a list of all properties reported pursuant to Sec.  
102-75.1170(b).
    (e) HUD will publish an annual list of properties determined 
suitable, but that agencies reported unavailable, including the reasons 
such properties are not available.
    (f) Copies of the lists published in the Federal Register will be 
available for

[[Page 67842]]

review by the public in the HUD headquarters building library (room 
8141); area-relevant portions of the lists will be available in the HUD 
regional offices and in major field offices.

Application Process


Sec.  102-75.1200  How may representatives of the homeless apply for 
the use of properties to assist the homeless?

    (a) Holding period. (1) Properties published as available for 
application for use to assist the homeless shall not be available for 
any other purpose for a period of 60 days beginning on the date of 
publication. Any representative of the homeless interested in any 
underutilized, unutilized, excess or surplus Federal property for use 
as a facility to assist the homeless must send to HHS a written 
expression of interest in that property within 60 days after the 
property has been published in the Federal Register.
    (2) If a written expression of interest to apply for suitable 
property for use to assist the homeless is received by HHS within the 
60-day holding period, such property may not be made available for any 
other purpose until the date HHS or the appropriate landholding agency 
has completed action on the application submitted pursuant to that 
expression of interest.
    (3) The expression of interest should identify the specific 
property, briefly describe the proposed use, the name of the 
organization, and indicate whether it is a public body or a private, 
non-profit organization. The expression of interest must be sent to the 
Division of Health Facilities Planning (DHFP) of the Department of 
Health and Human Services at the following address: Director, Division 
of Health Facilities Planning, Public Health Service, Room 17A-10, 
Parklawn Building, 5600 Fishers Lane, Rockville, Maryland 20857. HHS 
will notify the landholding agency (for unutilized and underutilized 
properties) or GSA (for excess and surplus properties) when an 
expression of interest has been received for a particular property.
    (4) An expression of interest may be sent to HHS any time after the 
60-day holding period has expired. In such a case, an application 
submitted pursuant to this expression of interest may be approved for 
use by the homeless if--
    (i) No application or written expression of interest has been made 
under any law for use of the property for any purpose; and
    (ii) In the case of excess or surplus property, GSA has not 
received a bona fide offer to purchase that property or advertised for 
the sale of the property by public auction.
    (b) Application requirements. Upon receipt of an expression of 
interest, DHFP will send an application packet to the interested 
entity. The application packet requires the applicant to provide 
certain information, including the following:
    (1) Description of the applicant organization. The applicant must 
document that it satisfies the definition of a ``representative of the 
homeless,'' as specified in Sec.  102-75.1160. The applicant must 
document its authority to hold real property. Private, non-profit 
organizations applying for deeds must document that they are section 
501(c)(3) tax-exempt.
    (2) Description of the property desired. The applicant must 
describe the property desired and indicate that any modifications made 
to the property will conform to local use restrictions, except for, in 
the case of leasing the property, local zoning regulations.
    (3) Description of the proposed program. The applicant must fully 
describe the proposed program and demonstrate how the program will 
address the needs of the homeless population to be assisted. The 
applicant must fully describe what modifications will be made to the 
property before the program becomes operational.
    (4) Ability to finance and operate the proposed program. The 
applicant must specifically describe all anticipated costs and sources 
of funding for the proposed program. The applicant must indicate that 
it can assume care, custody, and maintenance of the property and that 
it has the necessary funds or the ability to obtain such funds to carry 
out the approved program of use for the property.
    (5) Compliance with non-discrimination requirements. Each applicant 
and lessee under this part must certify in writing that it will comply 
with the requirements of the Fair Housing Act (42 U.S.C. 3601-3619) and 
implementing regulations; and as applicable, Executive Order 11063 
(Equal Opportunity in Housing) and implementing regulations; Title VI 
of the Civil Rights Act of 1964 (42 U.S.C. 2000d to d-4) 
(Nondiscrimination in Federally-Assisted Programs) and implementing 
regulations; the prohibitions against discrimination on the basis of 
age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and 
implementing regulations; and the prohibitions against otherwise 
qualified individuals with handicaps under section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing 
regulations. The applicant must state that it will not discriminate on 
the basis of race, color, national origin, religion, sex, age, familial 
status, or disability in the use of the property, and will maintain the 
required records to demonstrate compliance with Federal laws.
    (6) Insurance. The applicant must certify that it will insure the 
property against loss, damage, or destruction in accordance with the 
requirements of 45 CFR Sec.  12.9.
    (7) Historic preservation. Where applicable, the applicant must 
provide information that will enable HHS to comply with Federal 
historic preservation requirements.
    (8) Environmental information. The applicant must provide 
sufficient information to allow HHS to analyze the potential impact of 
the applicant's proposal on the environment, in accordance with the 
instructions provided with the application packet. HHS will assist 
applicants in obtaining any pertinent environmental information in the 
possession of HUD, GSA, or the landholding agency.
    (9) Local government notification. The applicant must indicate that 
it has informed, in writing, the applicable unit of general local 
government responsible for providing sewer, water, police, and fire 
services of its proposed program.
    (10) Zoning and local use restrictions. The applicant must indicate 
that it will comply with all local use restrictions, including local 
building code requirements. Any applicant applying for a lease or 
permit for a particular property is not required to comply with local 
zoning requirements. Any applicant applying for a deed of a particular 
property, pursuant to Sec.  102-75.1200(b)(3), must comply with local 
zoning requirements, as specified in 45 CFR part 12.
    (c) Scope of evaluations. Due to the short time frame imposed for 
evaluating applications, HHS' evaluation will, generally, be limited to 
the information contained in the application.
    (d) Deadline. Completed applications must be received by DHFP, at 
the above address, within 90 days after an expression of interest is 
received from a particular applicant for that property. Upon written 
request from the applicant, HHS may grant extensions, provided that the 
appropriate landholding agency concurs with the extension. Because each 
applicant will have a different deadline based on the date the 
applicant submitted an expression of interest, applicants should 
contact the individual landholding agency to confirm that a particular 
property remains available prior to submitting an application.
    (e) Evaluations. (1) Upon receipt of an application, HHS will 
review it for

[[Page 67843]]

completeness and, if incomplete, may return it or ask the applicant to 
furnish any missing or additional required information prior to final 
evaluation of the application.
    (2) HHS will evaluate each completed application within 25 days of 
receipt and will promptly advise the applicant of its decision. 
Applications are evaluated on a first-come, first-serve basis. HHS will 
notify all organizations that have submitted expressions of interest 
for a particular property regarding whether the first application 
received for that property has been approved or disapproved. All 
applications will be reviewed on the basis of the following elements, 
which are listed in descending order of priority, except that 
paragraphs (e)(2)(iv) and (e)(2)(v) of this section are of equal 
importance:
    (i) Services offered. The extent and range of proposed services, 
such as meals, shelter, job training, and counseling.
    (ii) Need. The demand for the program and the degree to which the 
available property will be fully utilized.
    (iii) Implementation time. The amount of time necessary for the 
proposed program to become operational.
    (iv) Experience. Demonstrated prior success in operating similar 
programs and recommendations attesting to that fact by Federal, State, 
and local authorities.
    (v) Financial ability. The adequacy of funding that will likely be 
available to run the program fully and properly and to operate the 
facility.
    (3) Additional evaluation factors may be added as deemed necessary 
by HHS. If additional factors are added, the application packet will be 
revised to include a description of these additional factors.
    (4) If HHS receives one or more competing applications for a 
property within 5 days of the first application, HHS will evaluate all 
completed applications simultaneously. HHS will rank approved 
applications based on the elements listed in Sec.  102-75.1200(e)(2) 
and notify the landholding agency, or GSA, as appropriate, of the 
relative ranks.

Action on Approved Applications


Sec.  102-75.1205  What action must be taken on approved applications?

    (a) Unutilized and underutilized properties. (1) When HHS approves 
an application, it will so notify the applicant and forward a copy of 
the application to the landholding agency. The landholding agency will 
execute the lease, or permit document, as appropriate, in consultation 
with the applicant.
    (2) The landholding agency maintains the discretion to decide the 
following:
    (i) The length of time the property will be available. (Leases and 
permits will be for a period of at least one year, unless the applicant 
requests a shorter term.)
    (ii) Whether to grant use of the property pursuant to a lease or 
permit.
    (iii) The terms and conditions of the lease or permit document.
    (b) Excess and surplus properties. (1) When HHS approves an 
application, it will so notify the applicant and request that GSA 
assign the property to HHS for leasing. Upon receipt of the assignment, 
HHS will execute a lease in accordance with the procedures and 
requirements set out in 45 CFR part 12. In accordance with Sec.  102-
75.965, custody and accountability of the property will remain 
throughout the lease term with the agency that initially reported the 
property as excess.
    (2) Prior to assignment to HHS, GSA may consider other Federal uses 
and other important national needs; however, in deciding the 
disposition of surplus real property, GSA will generally give priority 
of consideration to uses to assist the homeless. GSA may consider any 
competing request for the property made under 40 U.S.C. 550 (education, 
health, public park or recreation, and historic monument uses) that is 
so meritorious and compelling that it outweighs the needs of the 
homeless, and HHS may likewise consider any competing request made 
under 40 U.S.C. 550(c) or (d) (education and health uses).
    (3) Whenever GSA or HHS decides in favor of a competing request 
over a request for property for homeless assistance use as provided in 
paragraph (b)(2) of this section, the agency making the decision will 
transmit to the appropriate committees of the Congress an explanatory 
statement that details the need satisfied by conveyance of the surplus 
property, and the reasons for determining that such need was so 
meritorious and compelling as to outweigh the needs of the homeless.
    (4) Deeds. Surplus property may be conveyed to representatives of 
the homeless pursuant to 40 U.S.C. 550, and section 501(f) of the 
McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C. 11411. 
Representatives of the homeless must complete the application packet 
pursuant to the requirements of Sec.  102-75.1200 and in accordance 
with the requirements of 45 CFR part 12.
    (c) Completion of lease term and reversion of title. Lessees and 
grantees will be responsible for the protection and maintenance of the 
property during the time that they possess the property. Upon 
termination of the lease term or reversion of title to the Federal 
Government, the lessee or grantee will be responsible for removing any 
improvements made to the property and will be responsible for 
restoration of the property. If such improvements are not removed, they 
will become the property of the Federal Government. GSA or the 
landholding agency, as appropriate, will assume responsibility for 
protection and maintenance of a property when the lease terminates or 
title reverts.

Unsuitable Properties


Sec.  102-75.1210  What action must be taken on properties determined 
unsuitable for homeless assistance?

    The landholding agency will defer, for 20 days after the date that 
notice of a property is published in the Federal Register, action to 
dispose of properties determined unsuitable for homeless assistance. 
HUD will inform landholding agencies or GSA, if a representative of the 
homeless files an appeal of unsuitability pursuant to Sec.  102-
75.1175(f)(4). HUD will advise the agency that it should refrain from 
initiating disposal procedures until HUD has completed its 
reconsideration process regarding unsuitability. Thereafter, or if no 
appeal has been filed after 20 days, GSA or the appropriate landholding 
agency may proceed with disposal action in accordance with applicable 
law.

No Applications Approved


Sec.  102-75.1215  What action must be taken if there is no expression 
of interest?

    (a) At the end of the 60-day holding period described in Sec.  102-
75.1200(a), HHS will notify GSA, or the landholding agency, as 
appropriate, if an expression of interest has been received for a 
particular property. Where there is no expression of interest, GSA or 
the landholding agency, as appropriate, will proceed with disposal in 
accordance with applicable law.
    (b) Upon advice from HHS that all applications have been 
disapproved, or if no completed applications or requests for extensions 
have been received by HHS within 90 days from the date of the last 
expression of interest, disposal may proceed in accordance with 
applicable law.

[[Page 67844]]

Subpart I--Screening of Federal Real Property


Sec.  102-75.1220  How do landholding agencies find out if excess 
Federal real property is available?

    If agencies report excess real and related personal property to 
GSA, GSA conducts a ``Federal screening'' for the property. Federal 
screening consists of developing a ``Notice of Availability'' and 
circulating the ``Notice'' among all Federal landholding agencies for a 
maximum of 30 days.


Sec.  102-75.1225  What details are provided in the ``Notice of 
Availability''?

    The ``Notice of Availability'' describes the physical 
characteristics of the property; it also provides information on 
location, hazards or restrictions, contact information, and a date by 
which an interested Federal agency must respond in writing to indicate 
a definite or potential need for the property.


Sec.  102-75.1230  How long does an agency have to indicate its 
interest in the property?

    Generally, agencies have 30 days to express written interest in the 
property. However, sometimes GSA has cause to conduct an expedited 
screening of the real property and the time allotted for responding is 
less than 30 days. The Notice of Availability always contains a 
``respond by'' date.


Sec.  102-75.1235  Where should an agency send its written response to 
the ``Notice of Availability''?

    Look for the contact information provided in the Notice of 
Availability. Most likely, an agency will be directed to contact one of 
GSA's regional offices.


Sec.  102-75.1240  Who, from the interested landholding agency, should 
submit the written response to GSA's ``Notice of Availability''?

    An authorized official of the landholding agency must sign the 
written response to the Notice of Availability. An ``authorized 
official'' is one who is responsible for acquisition and/or disposal 
decisions (e.g., head of the agency or official designee).


Sec.  102-75.1245  What happens after the landholding agency properly 
responds to a ``Notice of Availability''?

    The landholding agency has 60 days (from the expiration date of the 
``Notice of Availability'') to submit a formal transfer request for the 
property. Absent a formal request for transfer within the prescribed 60 
days, GSA may, at its discretion, pursue other disposal options.


Sec.  102-75.1250  What if the agency is not quite sure it wants the 
property and needs more time to decide?

    If the written response to the ``Notice of Availability'' indicates 
a potential need, then the agency has an additional 30 days (from the 
expiration date of the ``Notice of Availability'') to determine whether 
or not its has a definite requirement for the property, and then 60 
days to submit a transfer request.


Sec.  102-75.1255  What happens when more than one agency has a valid 
interest in the property?

    GSA will attempt to facilitate an equitable solution between the 
agencies involved. However, the Administrator has final decision making 
authority in determining which requirement aligns with the Federal 
Government's best interests.


Sec.  102-75.1260  Does GSA conduct Federal screening on every property 
reported as excess real property?

    No. GSA may waive the Federal screening for excess real property 
when it determines that doing so is in the best interest of the Federal 
Government.
    Below is a sample list of some of the factors GSA may consider when 
making the decision to waive Federal screening. This list is a 
representative sample and is not all-inclusive:
    (a) There is a known Federal need;
    (b) The property is located within the boundaries of tribal lands;
    (c) The property has known disposal limitations precluding further 
Federal use (e.g., title and/or utilization restrictions; reported 
excess specifically for participation in the Relocation Program; 
reported excess for transfer to the current operating contractor who 
will continue production according to the terms of the disposal 
documents; directed for disposal by law or special legislation);
    (d) The property will be transferred to a ``potentially responsible 
party'' (PRP) that stored, released, or disposed of hazardous 
substances at the Government-owned facility;
    (e) The property is an easement;
    (f) The excess property is actually a leasehold interest where 
there are Government-owned improvements with substantial value and 
cannot be easily removed;
    (g) Government-owned improvements on Government-owned land, where 
the land is neither excess nor expected to become excess; or
    (h) Screening for public benefit uses, except for the McKinney-
Vento homeless screening, for specific property disposal considerations 
(see Sec.  102-75.351).


Sec.  102-75.1265  Are extensions granted to the Federal screening and 
response timeframes?

    Generally, no. GSA believes the timeframes are sufficient for 
agencies to make a decision and respond. Requests for extensions must 
be strongly justified and approved by the appropriate GSA Regional 
Administrator. For example, agencies may request an extension of time 
to submit their formal transfer request if they are not promptly 
provided GSA's estimate of FMV after submission of the initial 
expression of interest. Agencies requesting extensions must also submit 
an agreement accepting responsibility for providing and funding 
protection and maintenance for the requested property during the period 
of the extension until the property is transferred to the requesting 
agency or the requesting agency notifies GSA that it is no longer 
interested in the property. This assumption of protection and 
maintenance responsibility also applies to extensions associated with a 
requesting agency's request for an exception from the 100 percent 
reimbursement requirement (see Sec.  102-75.205).


Sec.  102-75.1270  How does an agency request a transfer of Federal 
real property?

    Agencies must use GSA Form 1334, Request for Transfer of Excess 
Real and Related Personal Property.


Sec.  102-75.1275  Does a requesting agency have to pay for excess real 
property?

    Yes. GSA is required by law to obtain full fair market value (as 
determined by the Administrator) for all real property (see Sec.  102-
75.190), except when a transfer without reimbursement has been 
authorized (see Sec.  102-75.205). GSA, upon receipt of a valid 
expression of interest, will promptly provide each interested 
landholding agency with an estimate of fair market value for the 
property. GSA may transfer property without reimbursement, if directed 
to do so by law or special legislation and for the following purposes:
    (a) Migratory Bird Management under Pub. L. 80-537, as amended by 
Pub. L. 92-432.
    (b) Wildlife Conservation under Pub. L. 80-537.
    (c) Federal Correctional facilities.
    (d) Joint Surveillance System.


Sec.  102-75.1280  What happens if the property has already been 
declared surplus and an agency discovers a need for it?

    GSA can redesignate surplus property as excess property, if the 
agency requests the property for use in direct support of its mission 
and GSA is satisfied that this transfer would be in

[[Page 67845]]

the best interests of the Federal Government.


Sec.  102-75.1285  How does GSA transfer excess real property to the 
requesting agency?

    GSA transfers the property via letter assigning ``custody and 
accountability'' for the property to the requesting agency. Title to 
the property is held in the name of the United States; however, the 
requesting agency becomes the landholding agency and is responsible for 
providing and funding protection and maintenance for the property.


Sec.  102-75.1290  What happens if the landholding agency requesting 
the property does not promptly accept custody and accountability?

    (a) The requesting agency must assume protection and maintenance 
responsibilities for the property within 30 days of the date of the 
letter assigning custody and accountability for the property.
    (b) After notifying the requesting agency, GSA may, at its 
discretion, pursue other disposal options.
0
6. Revise part 102-76 to read as follows:

PART 102-76--DESIGN AND CONSTRUCTION

Subpart A--General Provisions

Sec.
102-76.5 What is the scope of this part?
102-76.10 What basic design and construction policy governs Federal 
agencies?
Subpart B--Design and Construction
102-76.15 What are design and construction services?
102-76.20 What issues must Federal agencies consider in providing 
site planning and landscape design services?
102-76.25 What standards must Federal agencies meet in providing 
architectural and interior design services?
102-76.30 What seismic safety standards must Federal agencies follow 
in the design and construction of Federal facilities?

National Environmental Policy Act of 1969

102-76.35 What is the purpose of the National Environmental Policy 
Act of 1969, as amended (NEPA)?
102-76.40 To which real property actions does NEPA apply?
102-76.45 What procedures must Federal agencies follow to implement 
the requirements of NEPA?

Sustainable Development

102-76.50 What is sustainable development?
102-76.55 What sustainable development principles must Federal 
agencies apply to the siting, design, and construction of new 
facilities?
Subpart C--Architectural Barriers Act
102-76.60 To which facilities does the Architectural Barriers Act 
Apply?
102-76.65 What standards must facilities subject to the 
Architectural Barriers Act meet?
102-76.70 When are the costs of alterations to provide an accessible 
path of travel to an altered area containing a primary function 
disproportionate to the costs of the overall alterations for 
facilities subject to the standards in Sec.  102-76.65(a)?
102-76.75 What costs are included in the costs of alterations to 
provide an accessible path of travel to an altered area containing a 
primary function for facilities subject to the standards in Sec.  
102-76.65(a)?
102-76.80 What is required if the costs of alterations to provide an 
accessible path of travel to an altered area containing a primary 
function are disproportionate to the costs of the overall 
alterations for facilities subject to the standards in Sec.  102-
76.65(a)?
102-76.85 What is a primary function area for purposes of providing 
an accessible route in leased facilities subject to the standards in 
Sec.  102-76.65(a)?
102-76.90 Who has the authority to waive or modify the standards in 
Sec.  102-76.65(a)?
102-76.95 What recordkeeping responsibilities do Federal agencies 
have?

    Authority: 40 U.S.C. 121(c) (in furtherance of the 
Administrator's authorities under 40 U.S.C. 3301-3315 and elsewhere 
as included under 40 U.S.C. 581 and 583; E.O. 12411, 48 FR 13391, 3 
CFR, 1983 Comp., p. 155; E.O. 12512, 50 FR 18453, 3 CFR, 1985 Comp., 
p. 340).

Subpart A--General Provisions


Sec.  102-76.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.


Sec.  102-76.10  What basic design and construction policy governs 
Federal agencies?

    Federal agencies, upon approval from GSA, are bound by the 
following basic design and construction policies:
    (a) Provide the highest quality services for designing and 
constructing new Federal facilities and for repairing and altering 
existing Federal facilities. These services must be timely, efficient, 
and cost effective.
    (b) Use a distinguished architectural style and form in Federal 
facilities that reflects the dignity, enterprise, vigor and stability 
of the Federal Government.
    (c) Follow nationally recognized model building codes and other 
applicable nationally recognized codes that govern Federal construction 
to the maximum extent feasible and consider local building code 
requirements. (See 40 U.S.C. 3310 and 3312.)
    (d) Design Federal buildings to have a long life expectancy and 
accommodate periodic changes due to renovations.
    (e) Make buildings cost effective, energy efficient, and accessible 
to and usable by the physically disabled.
    (f) Provide for building service equipment that is accessible for 
maintenance, repair, or replacement without significantly disturbing 
occupied space.
    (g) Consider ease of operation when selecting mechanical and 
electrical equipment.
    (h) Agencies must follow the prospectus submission and approval 
policy identified in Sec. Sec.  102-73.35 and 102-73.40 of this 
chapter.

Subpart B--Design and Construction


Sec.  102-76.15  What are design and construction services?

    Design and construction services are--
    (a) Site planning and landscape design;
    (b) Architectural and interior design; and
    (c) Engineering systems design.


Sec.  102-76.20  What issues must Federal agencies consider in 
providing site planning and landscape design services?

    In providing site planning and design services, Federal agencies 
must--
    (a) Make the site planning and landscape design a direct extension 
of the building design;
    (b) Make a positive contribution to the surrounding landscape;
    (c) Consider requirements (other than procedural requirements) of 
local zoning laws and laws relating to setbacks, height, historic 
preservation, and aesthetic qualities of a building;
    (d) Identify areas for future building expansion in the 
architectural and site design concept for all buildings where an 
expansion need is identified to exist;
    (e) Create a landscape design that is a pleasant, dynamic 
experience for occupants and visitors to Federal facilities and, where 
appropriate, encourage public access to and stimulate pedestrian 
traffic around the facilities. Coordinate the landscape design with the 
architectural characteristics of the building;
    (f) Comply with the requirements of the National Environmental 
Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq., and the 
National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470 
et seq., for each project; and

[[Page 67846]]

    (g) Consider the vulnerability of the facility as well as the 
security needs of the occupying agencies, consistent with the 
Interagency Security Committee standards and guidelines.


Sec.  102-76.25  What standards must Federal agencies meet in providing 
architectural and interior design services?

    Federal agencies must design distinctive and high quality Federal 
facilities that meet all of the following standards:
    (a) Reflect the local architecture in buildings through the use of 
building form, materials, colors, or detail. Express a quality of 
permanence in the building interior similar to the building exterior.
    (b) Provide individuals with disabilities ready access to, and use 
of, the facilities in accordance with the standards in Sec.  102-76.65.
    (c) Use metric specifications in construction where the metric 
system is the accepted industry standard, and to the extent that such 
usage is economically feasible and practical.
    (d) 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.
    (e) Design and construct facilities that meet or exceed the energy 
performance standards applicable to Federal buildings in 10 CFR part 
435.


Sec.  102-76.30  What seismic safety standards must Federal agencies 
follow in the design and construction of Federal facilities?

    Federal agencies must follow the seismic safety standards 
identified in Sec.  102-80.45 of this chapter.

National Environmental Policy Act of 1969


Sec.  102-76.35  What is the purpose of the National Environmental 
Policy Act of 1969, as amended (NEPA)?

    The purpose of NEPA is to--
    (a) Declare a national policy which will encourage productive and 
enjoyable harmony between man and his environment;
    (b) Promote efforts which will prevent or eliminate damage to the 
environment and biosphere and stimulate the health and welfare of man;
    (c) Enrich the understanding of the ecological systems and natural 
resources important to the Nation; and
    (d) Establish a Council on Environmental Quality (CEQ).


Sec.  102-76.40  To which real property actions does NEPA apply?

    NEPA applies to actions that may have an impact on the quality of 
the human environment, including leasing, acquiring, developing, 
managing and disposing of real property.


Sec.  102-76.45  What procedures must Federal agencies follow to 
implement the requirements of NEPA?

    Federal agencies must follow the procedures identified in the 
Council on Environmental Quality's NEPA implementing regulations, 40 
CFR 1500-1508. In addition, Federal agencies must follow the standards 
that they have promulgated to implement CEQ's regulations.

Sustainable Development


Sec.  102-76.50  What is sustainable development?

    Sustainable development means integrating the decision-making 
process across the organization, so that every decision is made to 
promote the greatest long-term benefits. It means eliminating the 
concept of waste and building on natural processes and energy flows and 
cycles; and recognizing the interrelationship of our actions with the 
natural world.


Sec.  102-76.55  What sustainable development principles must Federal 
agencies apply to the siting, design, and construction of new 
facilities?

    In keeping with the objectives of Executive Order 13123, ``Greening 
of the Government Through Efficient Energy Management,'' and Executive 
Order 13101, ``Greening of the Government Through Waste Prevention, 
Recycling, and Federal Acquisition,'' Federal agencies must apply 
sustainable development principles to the siting, design, and 
construction of new facilities, which include--
    (a) Optimizing site potential;
    (b) Minimizing non-renewable energy consumption;
    (c) Using environmentally preferable products;
    (d) Protecting and conserving water;
    (e) Enhancing indoor environmental quality; and
    (f) Optimizing operational and maintenance practices.

Subpart C--Architectural Barriers Act


Sec.  102-76.60  To which facilities does the Architectural Barriers 
Act apply?

    (a) The Architectural Barriers Act applies to any facility that is 
intended for use by the public or that may result in the employment or 
residence therein of individuals with disabilities, which is to be--
    (1) Constructed or altered by, or on behalf of, the United States;
    (2) Leased in whole or in part by the United States;
    (3) Financed in whole or in part by a grant or loan made by the 
United States, if the building or facility is subject to standards for 
design, construction, or alteration issued under the authority of the 
law authorizing such a grant or loan; or
    (4) Constructed under the authority of the National Capital 
Transportation Act of 1960, the National Capital Transportation Act of 
1965, or Title III of the Washington Metropolitan Area Transit 
Regulation Compact.
    (b) The Architectural Barriers Act does not apply to any privately 
owned residential facility unless leased by the Government for 
subsidized housing programs, and any facility on a military reservation 
designed and constructed primarily for use by able bodied military 
personnel.


Sec.  102-76.65  What standards must facilities subject to the 
Architectural Barriers Act meet?

    (a) GSA adopts Appendices C and D to 36 CFR part 1191 (ABA Chapters 
1 and 2, and Chapters 3 through 10) as the Architectural Barriers Act 
Accessibility Standard. Facilities subject to the Architectural 
Barriers Act (other than facilities in 102-76.65(b) and (c)) must meet 
the Architectural Barriers Act Accessibility Standard if the 
construction or alteration commences, or the lease is entered into 
after May 8, 2006. If the construction or alteration commences, or the 
lease is entered into before May 8, 2006, the facility must meet the 
Uniform Federal Accessibility Standards. The construction or alteration 
of a facility for which plans and specifications were completed or 
substantially completed on or before May 8, 2006, is permitted to meet 
the Uniform Federal Accessibility Standards if the construction or 
alteration is commenced by May 8, 2008. The Architectural Barriers Act 
Accessibility Standard and the Uniform Federal Accessibility Standards 
are available at www.access-board.gov.
    (b) Residential facilities subject to the Architectural Barriers 
Act must meet the standards prescribed by the Department of Housing and 
Urban Development.
    (c) Department of Defense and United States Postal Service 
facilities subject to the Architectural Barriers Act must meet the 
standards prescribed by those agencies.

[[Page 67847]]

Sec.  102-76.70  When are the costs of alterations to provide an 
accessible path of travel to an altered area containing a primary 
function disproportionate to the costs of the overall alterations for 
facilities subject to the standards in Sec.  102-76.65(a)?

    For facilities subject to the standards in Sec.  102-76.65(a), the 
costs of alterations to provide an accessible path of travel to an 
altered area containing a primary function are disproportionate to the 
costs of the overall alterations when they exceed 20 percent of the 
costs of the alterations to the primary function area. If a series of 
small alterations are made to areas containing a primary function and 
the costs of any of the alterations considered individually would not 
result in providing an accessible path of travel to the altered areas, 
the total costs of the alterations made within the three year period 
after the initial alteration must be considered when determining 
whether the costs of alterations to provide an accessible path of 
travel to the altered areas are disproportionate. Facilities for which 
new leases are entered into must comply with F202.6 of the 
Architectural Barriers Act Accessibility Standard without regard to 
whether the costs of alterations to comply with F202.6 are 
disproportionate to the costs of the overall alterations.


Sec.  102-76.75  What costs are included in the costs of alterations to 
provide an accessible path of travel to an altered area containing a 
primary function for facilities subject to the standards in Sec.  102-
76.65(a)?

    For facilities subject to the standards in Sec.  102-76.65(a), the 
costs of alterations to provide an accessible path of travel to an 
altered area containing a primary function include the costs associated 
with--
    (a) Providing an accessible route to connect the altered area and 
site arrival points, including but not limited to interior and exterior 
ramps, elevators and lifts, and curb ramps;
    (b) Making entrances serving the altered area accessible, including 
but not limited to widening doorways and installing accessible 
hardware;
    (c) Making restrooms serving the altered area accessible, 
including, but not limited to, enlarging toilet stalls, installing grab 
bars and accessible faucet controls, and insulating pipes under 
lavatories;
    (d) Making public telephones serving the altered area accessible, 
including, but not limited to, placing telephones at an accessible 
height, and installing amplification devices and TTYs;
    (e) Making drinking fountains serving the altered area accessible; 
and
    (f) Making parking spaces serving the altered area accessible.


Sec.  102-76.80  What is required if the costs of alterations to 
provide an accessible path of travel to an altered area containing a 
primary function are disproportionate to the costs of the overall 
alterations for facilities subject to the standards in Sec.  102-
76.65(a)?

    For facilities subject to the standards in Sec.  102-76.65(a), if 
the costs of alterations to provide an accessible path of travel to an 
altered area containing a primary function are disproportionate to the 
costs of the overall alterations, the path of travel must be made 
accessible to the extent possible without exceeding 20 percent of the 
costs of the alterations to the primary function area. Priority should 
be given to those elements that will provide the greatest access in the 
following order:
    (a) An accessible route and an accessible entrance;
    (b) At least one accessible restroom for each sex or a single 
unisex restroom;
    (c) Accessible telephones;
    (d) Accessible drinking fountains; and
    (e) Accessible parking spaces.


Sec.  102-76.85  What is a primary function area for purposes of 
providing an accessible route in leased facilities subject to the 
standards in Sec.  102-76.65(a)?

    For purposes of providing an accessible route in leased facilities 
subject to the standards in Sec.  102-76.65(a), a primary function area 
is an area that contains a major activity for which the leased facility 
is intended. Primary function areas include areas where services are 
provided to customers or the public, and offices and other work areas 
in which the activities of the Federal agency using the leased facility 
are carried out.


Sec.  102-76.90  Who has the authority to waive or modify the standards 
in Sec.  102-76.65(a)?

    The Administrator of General Services has the authority to waive or 
modify the standards in Sec.  102-76.65(a) on a case-by-case basis if 
the agency head or GSA department head submits a request for waiver or 
modification and the Administrator determines that the waiver or 
modification is clearly necessary.


Sec.  102-76.95  What recordkeeping responsibilities do Federal 
agencies have?

    (a) The head of each Federal agency must ensure that documentation 
is maintained on each contract, grant or loan for the design, 
construction or alteration of a facility and on each lease for a 
facility subject to the standards in Sec.  102-76.65(a) containing one 
of the following statements:
    (1) The standards have been or will be incorporated in the design, 
the construction or the alteration.
    (2) The grant or loan has been or will be made subject to a 
requirement that the standards will be incorporated in the design, the 
construction or the alteration.
    (3) The leased facility meets the standards, or has been or will be 
altered to meet the standards.
    (4) The standards have been waived or modified by the Administrator 
of General Services, and a copy of the waiver or modification is 
included with the statement.
    (b) If a determination is made that a facility is not subject to 
the standards in Sec.  102-76.65(a) because the Architectural Barriers 
Act does not apply to the facility, the head of the Federal agency must 
ensure that documentation is maintained to justify the determination.

0
7. Revise part 102-77 to read as follows:

PART 102-77--ART-IN-ARCHITECTURE

Subpart A--General Provisions

Sec.
102-77.5 What is the scope of this part?
102-77.10 What basic Art-in-Architecture policy governs Federal 
agencies?
Subpart B--Art-in-Architecture
102-77.15 Who funds the Art-in-Architecture efforts?
102-77.20 With whom should Federal agencies collaborate when 
commissioning and selecting art for Federal buildings?
102-77.25 Do Federal agencies have responsibilities to provide 
national visibility for Art-in-Architecture?

    Authority: 40 U.S.C. 121 and 3306.

Subpart A--General Provisions


Sec.  102-77.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.


Sec.  102-77.10  What basic Art-in-Architecture policy governs Federal 
agencies?

    Federal agencies must incorporate fine arts as an integral part of 
the total building concept when designing new Federal buildings, and 
when making substantial repairs and alterations to 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.

[[Page 67848]]

Subpart B--Art-in-Architecture


Sec.  102-77.15  Who funds the Art-in-Architecture efforts?

    To the extent not prohibited by law, Federal agencies must fund the 
Art-in-Architecture efforts by allocating a portion of the estimated 
cost of constructing or purchasing new Federal buildings, or of 
completing major repairs and alterations 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.


Sec.  102-77.20  With whom should Federal agencies collaborate with 
when commissioning and selecting art for Federal buildings?

    To the maximum extent practicable, Federal agencies should seek the 
support and involvement of local citizens in selecting appropriate 
artwork. Federal agencies 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. In 
addition, Federal agencies should work collaboratively with the 
architect of the building and art professionals, when commissioning and 
selecting art for Federal buildings. Federal agencies should commission 
artwork that is diverse in style and media.


Sec.  102-77.25  Do Federal agencies have responsibilities to provide 
national visibility for Art-in-Architecture?

    Yes, Federal agencies should provide Art-in-Architecture that 
receives appropriate national and local visibility to facilitate 
participation by a large and diverse group of artists representing a 
wide variety of types of artwork.

0
8. Revise part 102-78 to read as follows:

PART 102-78--HISTORIC PRESERVATION

Subpart A--General Provisions

Sec.
102-78.5 What is the scope of this part?
102-78.10 What basic historic preservation policy governs Federal 
agencies?
Subpart B--Historic Preservation
102-78.15 What are historic properties?
102-78.20 Are Federal agencies required to identify historic 
properties?
102-78.25 What is an undertaking?
102-78.30 Who are consulting parties?
102-78.35 Are Federal agencies required to involve consulting 
parties in their historic preservation activities?
102-78.40 What responsibilities do Federal agencies have when an 
undertaking adversely affects an historic or cultural property?
102-78.45 What are Federal agencies' responsibilities concerning 
nomination of properties to the National Register?
102-78.50 What historic preservation services must Federal agencies 
provide?
102-78.55 For which properties must Federal agencies provide 
historic preservation services?
102-78.60 When leasing space, are Federal agencies able to give 
preference to space in historic properties or districts?
102-78.65 What are Federal agencies' historic preservation 
responsibilities when disposing of real property under their 
control?
102-78.70 What are an agency's historic preservation 
responsibilities when disposing of another Federal agency's real 
property?

    Authority: 16 U.S.C. 470h-2; 40 U.S.C. 121(c) and 581.

Subpart A--General Provisions


Sec.  102-78.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services. The policies in this part are in furtherance of GSA's 
preservation program under section 110 of the National Historic 
Preservation Act of 1966, as amended (16 U.S.C. 470) and apply to 
properties under the jurisdiction or control of the Administrator and 
to any Federal agencies operating, maintaining or protecting such 
properties under a delegation of authority from the Administrator.


Sec.  102-78.10  What basic historic preservation policy governs 
Federal agencies?

    To protect, enhance and preserve historic and cultural property 
under their control, Federal agencies must consider the effects of 
their 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.

Subpart B--Historic Preservation


Sec.  102-78.15  What are historic properties?

    Historic properties are those that are included in, or eligible for 
inclusion in, the National Register of Historic Places (National 
Register) as more specifically defined at 36 CFR 800.16.


Sec.  102-78.20  Are Federal agencies required to identify historic 
properties?

    Yes, Federal agencies must identify all National Register or 
National Register-eligible historic properties under their control. In 
addition, Federal agencies must apply National Register Criteria (36 
CFR part 63) to properties that have not been previously evaluated for 
National Register eligibility and that may be affected by the 
undertakings of Federally sponsored activities.


Sec.  102-78.25  What is an undertaking?

    The term undertaking means a project, activity, or program funded 
in whole or in part under the direct or indirect jurisdiction of a 
Federal agency, including those--
    (a) Carried out by or on behalf of the agency;
    (b) Carried out with Federal financial assistance; or
    (c) Requiring a Federal permit, license, or approval.


Sec.  102-78.30  Who are consulting parties?

    As more particularly described in 36 CFR 800.2(c), consulting 
parties are those parties having consultative roles in the Section 106 
process (i.e., Section 106 of the National Historic Preservation Act), 
which requires Federal agencies to take into account the effects of 
their undertakings on historic properties and afford the Council a 
reasonable opportunity to comment on such undertakings. Specifically, 
consulting parties include the State Historic Preservation Officer; the 
Tribal Historic Preservation Officer; Indian tribes and Native Hawaiian 
organizations; representatives of local governments; applicants for 
Federal assistance, permits, licenses, and other approvals; other 
individuals and organizations with a demonstrated interest in the 
undertaking; and the Advisory Council (if it elects to participate in 
the consultation).


Sec.  102-78.35  Are Federal agencies required to involve consulting 
parties in their historic preservation activities?

    Yes, Federal agencies must solicit information from consulting 
parties to carry out their responsibilities under historic and cultural 
preservation laws and regulations. Federal agencies must invite the 
participation of consulting parties through their normal public 
notification processes.


Sec.  102-78.40  What responsibilities do Federal agencies have when an 
undertaking adversely affects a historic or cultural property?

    Federal agencies must not perform an undertaking that could alter, 
destroy, or modify an historic or cultural property

[[Page 67849]]

until they have consulted with the SHPO and the Advisory Council. 
Federal agencies must minimize all adverse impacts of their 
undertakings on historic or cultural properties to the extent that it 
is feasible and prudent to do so. Federal agencies must follow the 
specific guidance on the protection of historic and cultural properties 
in 36 CFR part 800.


Sec.  102-78.45  What are Federal agencies' responsibilities concerning 
nomination of properties to the National Register?

    Federal agencies must nominate to the National Register all 
properties under their control determined eligible for inclusion in the 
National Register.


Sec.  102-78.50  What historic preservation services must Federal 
agencies provide?

    Federal agencies must provide the following historic preservation 
services:
    (a) Prepare a Historic Building Preservation Plan for each National 
Register or National Register-eligible property under their control. 
When approved by consulting parties, such plans become a binding 
management plan for the property.
    (b) Investigate for historic and cultural factors all proposed 
sites for direct and leased construction.


Sec.  102-78.55  For which properties must Federal agencies assume 
historic preservation responsibilities?

    Federal agencies must assume historic preservation responsibilities 
for real property assets under their custody and control. Federal 
agencies occupying space in buildings under the custody and control of 
other Federal agencies must obtain approval from the agency having 
custody and control of the building.


Sec.  102-78.60  When leasing space, are Federal agencies able to give 
preference to space in historic properties or districts?

    Yes, Executive Order 13006 requires Federal agencies that have a 
mission requirement to locate in an urban area to give first 
consideration to space in historic buildings and districts inside 
central business areas. Agencies may give a price preference of up to 
10 percent to space in historic buildings and districts, in accordance 
with Sec. Sec.  102-73.120 and 102-73.125 of this chapter.


Sec.  102-78.65  What are Federal agencies' historic preservation 
responsibilities when disposing of real property under their control?

    Federal agencies must--
    (a) To the extent practicable, establish and implement alternatives 
for historic properties, including adaptive use, that are not needed 
for current or projected agency purposes. Agencies are required to get 
the Secretary of the Interior's approval of the plans of transferees of 
surplus Federally-owned historic properties; and
    (b) Review all proposed excess actions to identify any properties 
listed in or eligible for listing in the National Register. Federal 
agencies must not perform disposal actions that could result in the 
alteration, destruction, or modification of an historic or cultural 
property until Federal agencies have consulted with the SHPO and the 
Advisory Council.


Sec.  102-78.70  What are an agency's historic preservation 
responsibilities when disposing of another Federal agency's real 
property?

    Federal agencies 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 provides evidence that the Federal 
agency has met its National Historic Preservation Act responsibilities.

0
9. Revise part 102-79 to read as follows:

PART 102-79--ASSIGNMENT AND UTILIZATION OF SPACE

Subpart A--General Provisions

Sec.
102-79.5 What is the scope of this part?
102-79.10 What basic assignment and utilization of space policy 
governs an Executive agency?
Subpart B--Assignment and Utilization of Space
102-79.15 What objectives must an Executive agency strive to meet in 
providing assignment and utilization of space services?

Assignment of Space

102-79.20 What standard must Executive agencies promote when 
assigning space?

Child Care

102-79.25 May Federal agencies allot space in Federal buildings for 
the provision of child care services?

Fitness Centers

102-79.30 May Federal agencies allot space in Federal buildings for 
establishing fitness centers?
102-79.35 What elements must Federal agencies address in their 
planning effort for establishing fitness programs?

Federal Credit Unions

102-79.40 Can Federal agencies allot space in Federal buildings to 
Federal credit unions?
102-79.45 What type of services may Federal agencies provide without 
charge to Federal credit unions?

Utilization of Space

102-79.50 What standard must Executive agencies promote in their 
utilization of space?
102-79.55 Is there a general hierarchy of consideration that 
agencies must follow in their utilization of space?
102-79.60 Are agencies required to use historic properties available 
to the agency?

Outleasing

102-79.65 May Executive agencies outlease space on major public 
access levels, courtyards and rooftops of public buildings?

Siting Antennas on Federal Property

102-79.70 May Executive agencies assess fees against other Executive 
agencies for antenna placements and supporting services?
102-79.75 May Executive agencies assess fees for antenna placements 
against public service organizations for antenna site outleases on 
major pedestrian access levels, courtyards, and rooftops of public 
buildings?
102-79.80 May Executive agencies assess fees for antenna placements 
against telecommunication service providers for antenna site 
outleases on major pedestrian access levels, courtyards, and 
rooftops of public buildings?
102-79.85 What policy must Executive agencies follow concerning the 
placement of commercial antennas on Federal property?
102-79.90 What criteria must Executive agencies consider when 
evaluating antenna siting requests?
102-79.95 Who is responsible for the costs associated with providing 
access to antenna sites?
102-79.100 What must Federal agencies do with antenna siting fees 
that they collect?

Integrated Workplace

102-79.105 What is the Integrated Workplace?
102-79.110 What Integrated Workplace policy must Federal agencies 
strive to promote?
102-79.111 Where may Executive agencies find additional information 
on Integrated Workplace concepts?

Public Access Defibrillation Programs

102-79.115 What guidelines must an agency follow if it elects to 
establish a public access defibrillation program in a Federal 
facility?

    Authority: 40 U.S.C. 121(c); E.O. 12411, 48 FR 13391, 3 CFR, 
1983 Comp., p. 155; and E.O. 12512, 50 FR 18453, 3 CFR, 1985 Comp., 
p. 340.

Subpart A--General Provisions


Sec.  102-79.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or

[[Page 67850]]

subject to, the authorities of the Administrator of General Services.


Sec.  102-79.10  What basic assignment and utilization of space policy 
governs an Executive agency?

    Executive agencies must provide a quality workplace environment 
that supports program operations, preserves the value of real property 
assets, meets the needs of the occupant agencies, and provides child 
care and physical fitness facilities in the workplace when adequately 
justified. An Executive agency must promote maximum utilization of 
Federal workspace, consistent with mission requirements, to maximize 
its value to the Government.

Subpart B--Assignment and Utilization of Space


Sec.  102-79.15  What objectives must an Executive agency strive to 
meet in providing assignment and utilization of space services?

    Executive agencies must provide assignment and utilization services 
that will maximize the value of Federal real property resources and 
improve the productivity of the workers housed therein.

Assignment of Space


Sec.  102-79.20  What standard must Executive agencies promote when 
assigning space?

    Executive agencies must promote the optimum use of space for each 
assignment at an economical cost to the Government, provide quality 
workspace that is delivered and occupied in a timely manner, and assign 
space based on mission requirements.

Child Care


Sec.  102-79.25  May Federal agencies allot space in Federal buildings 
for the provision of child care services?

    Yes, in accordance with 40 U.S.C. 590, Federal agencies can allot 
space in Federal buildings to individuals or entities who will provide 
child care services to Federal employees if such--
    (a) Space is available;
    (b) Agency determines that such space will be used to provide child 
care services to children of whom at least 50 percent have one parent 
or guardian who is a Federal Government employee; and
    (c) Agency determines that such individual or entity will give 
priority for available child care services in such space to Federal 
employees.

Fitness Centers


Sec.  102-79.30  May Federal agencies allot space in Federal buildings 
for establishing fitness centers?

    Yes, in accordance with 5 U.S.C. 7901, Federal agencies can allot 
space in Federal buildings for establishing fitness programs.


Sec.  102-79.35  What elements must Federal agencies address in their 
planning effort for establishing fitness programs?

    Federal agencies must address the following elements in their 
planning effort for establishing fitness programs:
    (a) A survey indicating employee interest in the program.
    (b) A three-to five-year implementation plan demonstrating long-
term commitment to physical fitness/health for employees.
    (c) A health related orientation, including screening procedures, 
individualized exercise programs, identification of high-risk 
individuals, and appropriate follow-up activities.
    (d) Identification of a person skilled in prescribing exercise to 
direct the fitness program.
    (e) An approach that will consider key health behavior related to 
degenerative disease, including smoking and nutrition.
    (f) A modest facility that includes only the essentials necessary 
to conduct a program involving cardiovascular and muscular endurance, 
strength activities, and flexibility.
    (g) Provision for equal opportunities for men and women, and all 
employees, regardless of grade level.

Federal Credit Unions


Sec.  102-79.40  Can Federal agencies allot space in Federal buildings 
to Federal credit unions?

    Yes, in accordance with 12 U.S.C. 1770, Federal agencies may allot 
space in Federal buildings to Federal credit unions without charge for 
rent or services if--
    (a) At least 95 percent of the membership of the credit union to be 
served by the allotment of space is composed of persons who either are 
presently Federal employees or were Federal employees at the time of 
admission into the credit union, and members of their families; and
    (b) Space is available.


Sec.  102-79.45  What type of services may Federal agencies provide 
without charge to Federal credit unions?

    Federal agencies may provide without charge to Federal credit union 
services such as--
    (a) Lighting;
    (b) Heating and cooling;
    (c) Electricity;
    (d) Office furniture;
    (e) Office machines and equipment;
    (f) Telephone service (including installation of lines and 
equipment and other expenses associated with telephone service); and
    (g) Security systems (including installation and other expenses 
associated with security systems).

Utilization of Space


Sec.  102-79.50  What standard must Executive agencies promote in their 
utilization of space?

    Executive agencies, when acquiring or utilizing Federally owned or 
leased space under Title 40 of the United States Code, must promote 
efficient utilization of space. Where there is no Federal agency space 
need, Executive agencies must make every effort to maximize the 
productive use of vacant space through the issuance of permits, 
licenses or leases to non-Federal entities to the extent authorized by 
law. (For vacant property determined excess to agency needs, refer to 
part 102-75, Real Property Disposal.)


Sec.  102-79.55  Is there a general hierarchy of consideration that 
agencies must follow in their utilization of space?

    Yes, Federal agencies must--
    (a) First utilize space in Government-owned and Government-leased 
buildings; and
    (b) If there is no suitable space in Government-owned and 
Government-leased buildings, utilize space in buildings under the 
custody and control of the U.S. Postal Service; and
    (c) If there is no suitable space in buildings under the custody 
and control of the U.S. Postal Service, agencies may acquire real 
estate by lease, purchase, or construction, as specified in part 102-73 
of this chapter.


Sec.  102-79.60  Are agencies required to use historic properties 
available to the agency?

    Yes, Federal agencies must assume responsibility for the 
preservation of the historic properties they own or control. Prior to 
acquiring, constructing or leasing buildings, agencies must use, to the 
maximum extent feasible, historic properties already owned or leased by 
the agency (16 U.S.C. 470h-2).

Outleasing


Sec.  102-79.65  May Executive agencies outlease space on major public 
access levels, courtyards and rooftops of public buildings?

    Yes. Authority to execute such outleases may be delegated by the 
Administrator based on authorities provided by the Public Buildings

[[Page 67851]]

Cooperative Use Act (40 U.S.C. Sec.  581(h)), the proceeds of which are 
to be deposited into GSA's Federal Buildings Fund. Using such 
authority, Executive agencies, upon approval from GSA, may--
    (a) Enter into leases of space on major public access levels, 
courtyards and rooftops of any public building with persons, firms, or 
organizations engaged in commercial, cultural, educational, or 
recreational activities (as defined in 40 U.S.C. 3306);
    (b) Establish rental rates for such leased space equivalent to the 
prevailing commercial rate for comparable space devoted to a similar 
purpose in the vicinity of the building; and
    (c) Use leases that contain terms and conditions that the 
Administrator deems necessary to promote competition and protect the 
public interest.

Siting Antennas on Federal Property


Sec.  102-79.70  May Executive agencies assess fees against other 
Executive agencies for antenna placements and supporting services?

    Yes. Executive agencies, upon approval from GSA, may assess fees 
for placement of antennas and supporting services against other 
agencies (that own these antennas) under 40 U.S.C. 586(c) and 40 U.S.C. 
121(e). Unless a differing rate has been approved by the Administrator, 
such fees or charges must approximate commercial charges for comparable 
space and services (i.e., market rates). The proceeds from such charges 
or fees must be credited to the appropriation or fund initially charged 
for providing the space or services. Any amounts in excess of actual 
operating and maintenance costs must be credited to miscellaneous 
receipts unless otherwise provided by law. The charges or fees assessed 
by the Administrator for the placement of antennas and supporting 
services in GSA-controlled space are generally credited to GSA's 
Federal Buildings Fund.


Sec.  102-79.75  May Executive agencies assess fees for antenna 
placements against public service organizations for antenna site 
outleases on major pedestrian access levels, courtyards, and rooftops 
of public buildings?

    Yes. Executive agencies in GSA-controlled space, upon approval from 
GSA, may assess fees for antenna placements against public service 
organizations under 40 U.S.C. 581(h) and 40 U.S.C. 121(e). Such fees or 
rental rates must be equivalent to the prevailing commercial rate for 
comparable space devoted to commercial antenna placements in the 
vicinity of the public building and the proceeds from such charges or 
fees must be credited to GSA's Federal Buildings Fund.


Sec.  102-79.80  May Executive agencies assess fees for antenna 
placements against telecommunication service providers for antenna site 
outleases on major pedestrian access levels, courtyards, and rooftops 
of public buildings?

    Yes. GSA, or other Executive agencies, upon approval from GSA, may 
charge fees based on market value to telecommunication service 
providers for antenna placements in public buildings. Market value 
should be equivalent to the prevailing commercial rate for comparable 
space for commercial antenna placements in the vicinity of the public 
building. Such fees must be credited to GSA's Federal Buildings Fund.


Sec.  102-79.85  What policy must Executive agencies follow concerning 
the placement of commercial antennas on Federal property?

    Executive agencies will make antenna sites available on a fair, 
reasonable, and nondiscriminatory basis. Collocation of antennas should 
be encouraged where there are multiple antenna siting requests for the 
same location. In cases where this is not feasible and space 
availability precludes accommodating all antenna siting applicants, 
competitive procedures may be used. This should be done in accordance 
with applicable Federal, State and local laws and regulations, and 
consistent with national security concerns. In making antenna sites 
available, agencies must avoid electromagnetic intermodulations and 
interferences. To the maximum extent practicable, when placing antennas 
for the provision of telecommunication services to the Federal 
Government, agencies should use redundant and physically separate entry 
points into the building and physically diverse local network 
facilities in accordance with guidance issued by the Office of 
Management and Budget.


Sec.  102-79.90  What criteria must Executive agencies consider when 
evaluating antenna siting requests?

    When evaluating antenna siting requests, Executive agencies must 
consider issues such as--
    (a) Public health and safety with respect to the antenna 
installation and maintenance;
    (b) Aesthetics;
    (c) Effects on historic districts, sites, buildings, monuments, 
structures, or other objects pursuant to the National Historic 
Preservation Act of 1966, as amended, and implementing regulations;
    (d) Protection of natural and cultural resources (e.g., National 
Parks and Wilderness areas, National Wildlife Refuge systems);
    (e) Compliance with the appropriate level of review and 
documentation as necessary under the National Environmental Policy Act 
of 1969, as amended, and implementing regulations of each Federal 
department and agency responsible for the antenna siting project, and 
the Federal Aviation Administration, the National Telecommunications 
and Information Administration, and other relevant departments and 
agencies;
    (f) Compliance with the Federal Communications Commission's (FCC) 
guidelines for radiofrequency exposure, ET Docket No. 93-62, entitled 
``Guidelines for Evaluating the Environmental Effects of Radiofrequency 
Radiation,'' issued August 1, 1996, and any other order on 
reconsideration relating to radiofrequency guidelines and their 
enforcement. These are updated guidelines for meeting health concerns 
that reflect the latest scientific knowledge in this area, and are 
supported by Federal health and safety agencies such as the 
Environmental Protection Agency and the Food and Drug Administration; 
and
    (g) Any requirements of the Federal agency managing the facility, 
FCC, Federal Aviation Administration, National Telecommunications and 
Information Administration, and other relevant departments and 
agencies. To the maximum extent practicable, when placing antennas for 
the provision of telecommunication services to the Federal Government, 
agencies should use redundant and physically separate entry points into 
the building and physically diverse local network facilities in 
accordance with guidance issued by the Office of Management and Budget. 
In addition, the National Capital Planning Commission should be 
consulted for siting requests within the Washington, D.C. metropolitan 
area.


Sec.  102-79.95  Who is responsible for the costs associated with 
providing access to antenna sites?

    The telecommunications service provider is responsible for any 
reasonable costs to Federal agencies associated with providing access 
to antenna sites, including obtaining appropriate clearance of provider 
personnel for access to buildings or land deemed to be security 
sensitive as is done with service contractor personnel. OMB Circular A-
25, entitled ``User

[[Page 67852]]

Charges,'' revised July 8, 1993, provides guidelines that agencies 
should use to assess fees for Government services and for the sale or 
use of Government property or resources. For antenna sites on non-GSA 
property, see also the Department of Commerce Report on ``Improving 
Rights-of-Way Management Across Federal Lands: A Roadmap for Greater 
Broadband Deployment'' (April 2004) beginning at page 26. Under 40 
U.S.C. 1314, GSA is covered in granting easements and permits to 
support the installation of antennas and cabling across raw land in 
support of constructing new and improving existing telecommunication 
infrastructures provided that such installation does not negatively 
impact on the Government.


Sec.  102-79.100  What must Federal agencies do with antenna siting 
fees that they collect?

    The account into which an antenna siting fee is to be deposited 
depends on the authority under which the antenna site is made available 
and the fee assessed. For GSA-controlled property outleased under 40 
U.S.C. 581(h) or section 412 of Division H of public law 108-447, the 
fee is to be deposited into GSA's Federal Building Fund. For surplus 
property outleased under 40 U.S.C. 543, the fee is to be deposited in 
accordance with the provisions of Subchapter IV of Chapter 5 of 
Subtitle I of Title 40 of the United States Code. For siting fees 
collected under other statutory authorities, the fees might be 
deposited into miscellaneous receipts, an account of the landholding 
agency, or as otherwise provided by law. Federal agencies should 
consult with their agency's legal advisors before depositing antenna 
proceed from sites on agency-controlled Federal property.

Integrated Workplace


Sec.  102-79.105  What is the Integrated Workplace?

    The Integrated Workplace, developed by the GSA Office of 
Governmentwide Policy, is a comprehensive, multidisciplinary approach 
to developing workspace and work strategies that best support an 
organization's strategic business goals and work processes, and have 
the flexibility to accommodate the changing needs of the occupants and 
the organization. Integrated Workplace concepts support the objectives 
of Executive Order 13327, ``Federal Real Property Asset Management,'' 
which calls for the enhancement of Federal agency productivity through 
an improved working environment.


Sec.  102-79.110  What Integrated Workplace policy must Federal 
agencies strive to promote?

    Federal agencies must strive to design work places that--
    (a) Are developed using sustainable development concepts (see Sec.  
102-76.55);
    (b) Align with the organization's mission and strategic plan;
    (c) Serve the needs and work practices of the occupants;
    (d) Can be quickly and inexpensively adjusted by the user to 
maximize his or her productivity and satisfaction;
    (e) Are comfortable, efficient, and technologically advanced and 
allow people to accomplish their work in the most efficient way;
    (f) Meet the office's needs and can justify its cost through the 
benefits gained;
    (g) Are developed with an integrated building systems approach;
    (h) Are based on a life cycle cost analysis that considers both 
facility and human capital costs over a substantial time period; and
    (i) Support alternative workplace arrangements, including 
telecommuting, hoteling, virtual offices, and other distributive work 
arrangements (see Part 102-74, Subpart F--Telework).


Sec.  102-79.111  Where may Executive agencies find additional 
information on Integrated Workplace concepts?

    The GSA Office of Governmentwide Policy provides additional 
guidance in its publication entitled ``Innovative Workplace 
Strategies.''

Public Access Defibrillation Programs


Sec.  102-79.115  What guidelines must an agency follow if it elects to 
establish a public access defibrillation program in a Federal facility?

    Federal agencies electing to establish a public access 
defibrillation program in a Federal facility must follow the 
guidelines, entitled ``Guidelines for Public Access Defibrillation 
Programs in Federal Facilities,'' which can be obtained from the Office 
of Governmentwide Policy, Office of Real Property (MP), General 
Services Administration, 1800 F Street, NW, Washington, DC 20405.

0
10. Revise part 102-80 to read as follows:

PART 102-80--SAFETY AND ENVIRONMENTAL MANAGEMENT

Subpart A--General Provisions

Sec.
102-80.5 What is the scope of this part?
102-80.10 What are the basic safety and environmental management 
policies for real property?
Subpart B--Safety and Environmental Management

Asbestos

102-80.15 What are Federal agencies' responsibilities concerning the 
assessment and management of asbestos?

Radon

102-80.20 What are Federal agencies' responsibilities concerning the 
abatement of radon?

Indoor Air Quality

102-80.25 What are Federal agencies' responsibilities concerning the 
management of indoor air quality?

Lead

102-80.30 What are Federal agencies' responsibilities concerning 
lead?

Hazardous Materials and Wastes

102-80.35 What are Federal agencies' responsibilities concerning the 
monitoring of hazardous materials and wastes?

Underground Storage Tanks

102-80.40 What are Federal agencies' responsibilities concerning the 
management of underground storage tanks?

Seismic Safety

102-80.45 What are Federal agencies' responsibilities concerning 
seismic safety in Federal facilities?

Risks and Risk Reduction Strategies

102-80.50 Are Federal agencies responsible for identifying/
estimating risks and for appropriate risk reduction strategies?
102-80.55 Are Federal agencies responsible for managing the 
execution of risk reduction projects?

Facility Assessments

102-80.60 Are Federal agencies responsible for performing facility 
assessments?

Incident Investigation

102-80.65 What are Federal agencies' responsibilities concerning the 
investigation of incidents, such as fires, accidents, injuries, and 
environmental incidents?

Responsibility for Informing Tenants

102-80.70 Are Federal agencies responsible for informing their 
tenants of the condition and management of their facility safety and 
environment?

Assessment of Environmental Issues

102-80.75 Who assesses environmental issues in Federal construction 
and lease construction projects?
Subpart C--Accident and Fire Prevention
102-80.80 With what general accident and fire prevention policy must 
Federal agencies comply?

State and Local Codes

102-80.85 Are Federally owned and leased buildings exempt from State 
and local code requirements in fire protection?



[[Page 67853]]

Fire Administration Authorization Act of 1992

102-80.90 Is the Fire Administration Authorization Act of 1992 (Pub. 
L. 102-522) relevant to fire protection engineering?
102-80.95 Is the Fire Administration Authorization Act of 1992 
applicable to all Federal agencies?

Automatic Sprinkler Systems

102-80.100 What performance objective should an automatic sprinkler 
system be capable of meeting?

Equivalent Level of Safety Analysis

102-80.105 What information must be included in an equivalent level 
of safety analysis?
102-80.110 What must an equivalent level of safety analysis 
indicate?
102-80.115 Is there more than one option for establishing that an 
equivalent level of safety exists?
102-80.120 What analytical and empirical tools should be used to 
support the life safety equivalency evaluation?
102-80.125 Who has the responsibility for determining the 
acceptability of each equivalent level of safety analysis?
102-80.130 Who must perform the equivalent level of safety analysis?
102-80.135 Who is a qualified fire protection engineer?

Room of Origin

102-80.140 What is meant by ``room of origin''?

Flashover

102-80.145 What is meant by ``flashover''?

Reasonable Worst Case Fire Scenario

102-80.150 What is meant by ``reasonable worst case fire scenario''?

    Authority: 40 U.S.C. 121(c) and 581-593.

Subpart A--General Provisions


Sec.  102-80.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services. The responsibilities for safety and environmental management 
under this part are intended to apply to GSA or those Federal agencies 
operating in GSA space pursuant to a GSA delegation of authority.


Sec.  102-80.10  What are the basic safety and environmental management 
policies for real property?

    The basic safety and environmental management policies for real 
property are that Federal agencies must--
    (a) Provide for a safe and healthful work environment for Federal 
employees and the visiting public;
    (b) Protect Federal real and personal property;
    (c) Promote mission continuity;
    (d) Provide reasonable safeguards for emergency forces if an 
incident occurs;
    (e) Assess risk;
    (f) Make decision makers aware of risks; and
    (g) Act promptly and appropriately in response to risk.

Subpart B--Safety and Environmental Management

Asbestos


Sec.  102-80.15  What are Federal agencies' responsibilities concerning 
the assessment and management of asbestos?

    Federal agencies have the following responsibilities concerning the 
assessment and management of asbestos:
    (a) Inspect and assess buildings for the presence and condition of 
asbestos-containing materials. Space to be leased must be 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 U.S. 
Environmental Protection Agency (EPA) guidance must be implemented.
    (b) Manage in-place asbestos that is in good condition and not 
likely to be disturbed.
    (c) Abate damaged asbestos and asbestos likely to be disturbed. 
Federal agencies must perform a pre-alteration asbestos assessment for 
activities that may disturb asbestos.
    (d) Not use asbestos in new construction, renovation/modernization 
or repair of their owned or leased 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.
    (e) Communicate all written and oral asbestos information about the 
leased space to tenants.

Radon


Sec.  102-80.20  What are Federal agencies' responsibilities concerning 
the abatement of radon?

    Federal agencies have the following responsibilities concerning the 
abatement of radon in space when radon levels exceed current EPA 
standards:
    (a) Retest abated areas and make lessors retest, as required, 
abated areas to adhere to EPA standards.
    (b) Test non-public water sources (in remote areas for projects 
such as border stations) for radon according to EPA guidance. Radon 
levels that exceed current applicable EPA standards must be mitigated. 
Federal agencies must retest, as required, to adhere to EPA standards.

Indoor Air Quality


Sec.  102-80.25  What are Federal agencies' responsibilities concerning 
the management of indoor air quality?

    Federal agencies must assess indoor air quality of buildings as 
part of their safety and environmental facility assessments. Federal 
agencies must respond to tenant complaints on air quality and take 
appropriate corrective action where air quality does not meet 
applicable standards.

Lead


Sec.  102-80.30  What are Federal agencies' responsibilities concerning 
lead?

    Federal agencies have the following responsibilities concerning 
lead in buildings:
    (a) Test space for lead-based paint in renovation projects that 
require sanding, welding or scraping painted surfaces.
    (b) Not remove lead based paint from surfaces in good condition.
    (c) Test all painted surfaces for lead in proposed or existing 
child care centers.
    (d) Abate lead-based paint found in accordance with U.S. Department 
of Housing and Urban Development (HUD) Lead-Based Paint Guidelines, 
available by writing to HUD USER, P.O. Box 6091, Rockville, MD 20850.
    (e) Test potable water for lead in all drinking water outlets.
    (f) Take corrective action when lead levels exceed the HUD 
Guidelines.

Hazardous Materials and Wastes


Sec.  102-80.35  What are Federal agencies' responsibilities concerning 
the monitoring of hazardous materials and wastes?

    Federal agencies' responsibilities concerning the monitoring of 
hazardous materials and wastes are as follows:
    (a) Monitor the transport, use, and disposition of hazardous 
materials and waste in buildings to provide for compliance with GSA, 
Occupational Safety and Health Administration (OSHA), Department of 
Transportation, EPA, and applicable State and local requirements. In 
addition to those operating in GSA space pursuant to a delegation of 
authority, tenants in GSA space must comply with these requirements.
    (b) In leased space, include in all agreements with the lessor 
requirements that hazardous materials stored in leased space are kept 
and maintained according to applicable Federal, State, and local 
environmental regulations.

[[Page 67854]]

Underground Storage Tanks


Sec.  102-80.40  What are Federal agencies' responsibilities concerning 
the management of underground storage tanks?

    Federal agencies have the following responsibilities concerning the 
management of underground storage tanks in real property:
    (a) Register, manage and close underground storage tanks, including 
heating oil and fuel oil tanks, in accordance with GSA, EPA, and 
applicable State and local requirements.
    (b) Require the party responsible for tanks they use but do not own 
to follow these requirements and to be responsible for the cost of 
compliance.

Seismic Safety


Sec.  102-80.45  What are Federal agencies' responsibilities concerning 
seismic safety in Federal facilities?

    Federal agencies must follow the standards issued by the 
Interagency Committee on Seismic Safety in Construction (ICSSC) as the 
minimum level acceptable for use by Federal agencies in assessing the 
seismic safety of their owned and leased buildings and in mitigating 
unacceptable seismic risks in those buildings.

Risks and Risk Reduction Strategies


Sec.  102-80.50  Are Federal agencies responsible for identifying/
estimating risks and for appropriate risk reduction strategies?

    Yes, Federal agencies must identify and estimate safety and 
environmental management risks and appropriate risk reduction 
strategies for buildings. Federal agencies occupying as well as 
operating buildings must identify any safety and environmental 
management risks and report or correct the situation, as appropriate. 
Federal agencies must use the applicable national codes and standards 
as a guide for their building operations.


Sec.  102-80.55  Are Federal agencies responsible for managing the 
execution of risk reduction projects?

    Yes, Federal agencies must manage the execution of risk reduction 
projects in buildings they operate. Federal agencies must identify and 
take appropriate action to eliminate hazards and regulatory 
noncompliance.

Facility Assessments


Sec.  102-80.60  Are Federal agencies responsible for performing 
facility assessments?

    Yes, Federal agencies must evaluate facilities to comply with GSA's 
safety and environmental program and applicable Federal, State and 
local environmental laws and regulations. Federal agencies should 
conduct these evaluations in accordance with schedules that are 
compatible with repair and alteration and leasing operations.

Incident Investigation


Sec.  102-80.65  What are Federal agencies' responsibilities concerning 
the investigation of incidents, such as fires, accidents, injuries, and 
environmental incidents?

    Federal agencies have the following responsibilities concerning the 
investigation of incidents, such as fires, accidents, injuries, and 
environmental incidents in buildings they operate:
    (a) Investigate all incidents regardless of severity.
    (b) Form Boards of Investigation for incidents resulting in serious 
injury, death, or significant property losses.

Responsibility for Informing Tenants


Sec.  102-80.70  Are Federal agencies responsible for informing their 
tenants of the condition and management of their facility safety and 
environment?

    Yes, Federal agencies must inform their tenants of the condition 
and management of their facility safety and environment. Agencies 
operating GSA buildings must report any significant facility safety or 
environmental concerns to GSA.

Assessment of Environmental Issues


Sec.  102-80.75  Who assesses environmental issues in Federal 
construction and lease construction projects?

    Federal agencies must assess required environmental issues 
throughout planning and project development so that the environmental 
impacts of a project are considered during the decision making process.

Subpart C--Accident and Fire Prevention


Sec.  102-80.80  With what general accident and fire prevention policy 
must Federal agencies comply?

    Federal agencies must--
    (a) Comply with the occupational safety and health standards 
established in the Occupational Safety and Health Act of 1970 (Pub. L. 
91-596); Executive Order 12196; 29 CFR part 1960; and applicable safety 
and environmental management criteria identified in this part;
    (b) Not expose occupants and visitors to unnecessary risks;
    (c) Provide safeguards that minimize personal harm, property 
damage, and impairment of Governmental operations, and that allow 
emergency forces to accomplish their missions effectively;
    (d) Follow accepted fire prevention practices in operating and 
managing buildings;
    (e) To the maximum extent feasible, comply with one of the 
nationally recognized model building codes and with other nationally-
recognized codes in their construction or alteration of each building 
in accordance with 40 U.S.C. 3312; and
    (f) Use the applicable national codes and standards as a guide for 
their building operations.

State and Local Codes


Sec.  102-80.85  Are Federally owned and leased buildings exempt from 
State and local code requirements in fire protection?

    Federally owned buildings are generally exempt from State and local 
code requirements in fire protection; however, in accordance with 40 
U.S.C. 3312, each building constructed or altered by a Federal agency 
must be constructed or altered, to the maximum extent feasible, in 
compliance with one of the nationally recognized model building codes 
and with other nationally recognized codes. Leased buildings are 
subject to local code requirements and inspection.

Fire Administration Authorization Act of 1992


Sec.  102-80.90  Is the Fire Administration Authorization Act of 1992 
(Public Law 102-522) relevant to fire protection engineering?

    Yes, the Fire Administration Authorization Act of 1992 (Pub. L. 
102-522) requires sprinklers or an equivalent level of safety in 
certain types of Federal employee office buildings, Federal employee 
housing units, and Federally assisted housing units (15 U.S.C. 2227).


Sec.  102-80.95  Is the Fire Administration Authorization Act of 1992 
applicable to all Federal agencies?

    Yes, the Fire Administration Authorization Act applies to all 
Federal agencies and all Federally owned and leased buildings in the 
United States.

Automatic Sprinkler Systems


Sec.  102-80.100  What performance objective should an automatic 
sprinkler system be capable of meeting?

    The performance objective of the automatic sprinkler system is that 
it must be capable of protecting human lives. Sprinklers should be 
capable of controlling the spread of fire and its effects beyond the 
room of origin. A functioning sprinkler system should activate prior to 
the onset of flashover.

[[Page 67855]]

Equivalent Level of Safety Analysis


Sec.  102-80.105  What information must be included in an equivalent 
level of safety analysis?

    The equivalent level of life safety evaluation is to be performed 
by a qualified fire protection engineer. The analysis should include a 
narrative discussion of the features of the building structure, 
function, operational support systems and occupant activities that 
impact fire protection and life safety. Each analysis should describe 
potential reasonable worst case fire scenarios and their impact on the 
building occupants and structure. Specific issues that must be 
addressed include rate of fire growth, type and location of fuel items, 
space layout, building construction, openings and ventilation, 
suppression capability, detection time, occupant notification, occupant 
reaction time, occupant mobility, and means of egress.


Sec.  102-80.110  What must an equivalent level of safety analysis 
indicate?

    To be acceptable, the analysis must indicate that the existing and/
or proposed safety systems in the building provide a period of time 
equal to or greater than the amount of time available for escape in a 
similar building complying with the Fire Administration Authorization 
Act. In conducting these analyses, the capability, adequacy, and 
reliability of all building systems impacting fire growth, occupant 
knowledge of the fire, and time required to reach a safety area will 
have to be examined. In particular, the impact of sprinklers on the 
development of hazardous conditions in the area of interest will have 
to be assessed.


Sec.  102-80.115  Is there more than one option for establishing that 
an equivalent level of safety exists?

    Yes, the following are three options for establishing that an 
equivalent level of safety exists:
    (a) In the first option, the margin of safety provided by various 
alternatives is compared to that obtained for a code complying building 
with complete sprinkler protection. The margin of safety is the 
difference between the available safe egress time and the required safe 
egress time. Available safe egress time is the time available for 
evacuation of occupants to an area of safety prior to the onset of 
untenable conditions in occupied areas or the egress pathways. The 
required safe egress time is the time required by occupants to move 
from their positions at the start of the fire to areas of safety. 
Available safe egress times would be developed based on analysis of a 
number of assumed reasonable worst case fire scenarios including 
assessment of a code complying fully sprinklered building. Additional 
analysis would be used to determine the expected required safe egress 
times for the various scenarios. If the margin of safety plus an 
appropriate safety factor is greater for an alternative than for the 
fully sprinklered building, then the alternative should provide an 
equivalent level of safety.
    (b) A second alternative is applicable for typical office and 
residential scenarios. In these situations, complete sprinkler 
protection can be expected to prevent flashover in the room of fire 
origin, limit fire size to no more than 1 megawatt (950 Btu/sec), and 
prevent flames from leaving the room of origin. The times required for 
each of these conditions to occur in the area of interest must be 
determined. The shortest of these three times would become the time 
available for escape. The difference between the minimum time available 
for escape and the time required for evacuation of building occupants 
would be the target margin of safety. Various alternative protection 
strategies would have to be evaluated to determine their impact on the 
times at which hazardous conditions developed in the spaces of interest 
and the times required for egress. If a combination of fire protection 
systems provides a margin of safety equal to or greater than the target 
margin of safety, then the combination could be judged to provide an 
equivalent level of safety.
    (c) As a third option, other technical analysis procedures, as 
approved by the responsible agency head, can be used to show 
equivalency.


Sec.  102-80.120  What analytical and empirical tools should be used to 
support the life safety equivalency evaluation?

    Analytical and empirical tools, including fire models and grading 
schedules such as the Fire Safety Evaluation System (Alternative 
Approaches to Life Safety, NEPA 101A) should be used to support the 
life safety equivalency evaluation. If fire modeling is used as part of 
an analysis, an assessment of the predictive capabilities of the fire 
models must be included. This assessment should be conducted in 
accordance with the American Society for Testing and Materials Standard 
Guide for Evaluating the Predictive Capability of Fire Models (ASTM E 
1355).


Sec.  102-80.125  Who has the responsibility for determining the 
acceptability of each equivalent level of safety analysis?

    The head of the agency responsible for physical improvements in the 
facility or providing Federal assistance or a designated representative 
will determine the acceptability of each equivalent level of safety 
analysis. The determination of acceptability must include a review of 
the fire protection engineer's qualifications, the appropriateness of 
the fire scenarios for the facility, and the reasonableness of the 
assumed maximum probable loss. Agencies should maintain a record of 
each accepted equivalent level of safety analysis and provide copies to 
fire departments or other local authorities for use in developing pre-
fire plans.


Sec.  102-80.130  Who must perform the equivalent level of safety 
analysis?

    A qualified fire protection engineer must perform the equivalent 
level of safety analysis.


Sec.  102-80.135  Who is a qualified fire protection engineer?

    A qualified fire protection engineer is defined as an individual 
with a thorough knowledge and understanding of the principles of 
physics and chemistry governing fire growth, spread, and suppression, 
meeting one of the following criteria:
    (a) An engineer having an undergraduate or graduate degree from a 
college or university offering a course of study in fire protection or 
fire safety engineering, plus a minimum of 4 years work experience in 
fire protection engineering.
    (b) A professional engineer (P.E. or similar designation) 
registered in Fire Protection Engineering.
    (c) A professional engineer (P.E. or similar designation) 
registered in a related engineering discipline and holding Member grade 
status in the International Society of Fire Protection Engineers.

Room of Origin


Sec.  102-80.140  What is meant by ``room of origin''?

    Room of origin means an area of a building where a fire can be 
expected to start. Typically, the size of the area will be determined 
by the walls, floor, and ceiling surrounding the space. However, this 
could lead to unacceptably large areas in the case of open plan office 
space or similar arrangements. Therefore, the maximum allowable fire 
area should be limited to 200 m2 (2000 ft2), including intervening 
spaces. In the case of residential units, an entire apartment occupied 
by one tenant could be considered as the room of origin to the extent 
it did not exceed the 200 m2 (2000 ft2) limitation.

[[Page 67856]]

Flashover


Sec.  102-80.145  What is meant by ``flashover''?

    Flashover means fire conditions in a confined area where the upper 
gas layer temperature reaches 600 [deg]C (1100 [deg]F) and the heat 
flux at floor level exceeds 20 kW/m2 (1.8 Btu/ft2/sec).

Reasonable Worst Case Fire Scenario


Sec.  102-80.150  What is meant by ``reasonable worst case fire 
scenario''?

    Reasonable worst case fire scenario means a combination of an 
ignition source, fuel items, and a building location likely to produce 
a fire that would have a significant adverse impact on the building and 
its occupants. The development of reasonable worst case scenarios must 
include consideration of types and forms of fuels present (e.g., 
furniture, trash, paper, chemicals), potential fire ignition locations 
(e.g., bedroom, office, closet, corridor), occupant capabilities (e.g., 
awake, intoxicated, mentally or physically impaired), numbers of 
occupants, detection and suppression system adequacy and reliability, 
and fire department capabilities. A quantitative analysis of the 
probability of occurrence of each scenario and combination of events 
will be necessary.

0
11. Revise part 102-81 to read as follows:

PART 102-81--SECURITY

Subpart A--General Provisions

Sec.
102-81.5 What is the scope of this part?
102-81.10 What basic security policy governs Federal agencies?
Subpart B--Security
102-81.15 Who is responsible for upgrading and maintaining security 
standards in each existing Federally owned and leased facility?
102-81.20 Are the security standards for new Federally owned and 
leased facilities the same as the standards for existing Federally 
owned and leased facilities?
102-81.25 Do the Interagency Security Committee Security Design 
Criteria apply to all new Federally owned and leased facilities?
102-81.30 What information must job applicants at child care centers 
reveal?

    Authority: 40 U.S.C. 121(c), 581-593, and 1315.

Subpart A--General Provisions


Sec.  102-81.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.


Sec.  102-81.10  What basic security policy governs Federal agencies?

    Federal agencies on Federal property under the charge and control 
of the Administrator and having a security delegation of authority from 
the Secretary of the Department of Homeland Security must provide for 
the security and protection of the real estate they occupy, including 
the protection of persons within the property.

Subpart B--Security


Sec.  102-81.15  Who is responsible for upgrading and maintaining 
security standards in each existing Federally owned and leased 
facility?

    In a June 28, 1995, Presidential Policy Memorandum for Executive 
Departments and Agencies, entitled ``Upgrading Security at Federal 
Facilities'' (see the Weekly Compilation of Presidential Documents, 
vol. 31, p. 1148), the President directed that Executive agencies must, 
where feasible, upgrade and maintain security in facilities they own or 
lease under their own authority to the minimum standards specified in 
the Department of Justice's June 28, 1995, study entitled 
``Vulnerability Assessment of Federal Facilities.'' The study may be 
obtained by writing to the Superintendent of Documents, P.O. Box 
371954, Pittsburgh, PA 15250-7954.


Sec.  102-81.20  Are the security standards for new Federally owned and 
leased facilities the same as the standards for existing Federally 
owned and leased facilities?

    No, the minimum standards specified in the Department of Justice's 
June 28, 1995, study entitled ``Vulnerability Assessment of Federal 
Facilities'' identifies the minimum-security standards that agencies 
must adhere to for all existing owned and leased Federal facilities. As 
specified in Sec.  102-81.25, new Federally owned and leased facilities 
must be designed to meet the standards identified in the document 
entitled ``Interagency Security Committee Security Design Criteria for 
New Federal Office Buildings and Major Modernization Projects,'' dated 
May 28, 2001. The security design criteria for new facilities takes 
into consideration technology developments, new cost consideration, the 
experience of practitioners applying the criteria, and the need to 
balance security requirements with public building environments that 
remain lively, open, and accessible.


Sec.  102-81.25  Do the Interagency Security Committee Security Design 
Criteria apply to all new Federally owned and leased facilities?

    No, the Interagency Security Committee Security Design Criteria--
    (a) Apply to new construction of general purpose office buildings 
and new or lease-construction of courthouses occupied by Federal 
employees in the United States and not under the jurisdiction and/or 
control of the Department of Defense. The criteria also apply to lease-
construction projects being submitted to Congress for appropriations or 
authorization. Where prudent and appropriate, the criteria apply to 
major modernization projects; and
    (b) Do not apply to airports, prisons, hospitals, clinics, and 
ports of entry, or to unique facilities such as those classified by the 
Department of Justice Vulnerability Assessment Study as Level V. Nor 
will the criteria overrule existing Federal laws and statutes, and 
other agency standards that have been developed for special facilities, 
such as border stations and child care centers.


Sec.  102-81.30  What information must job applicants at child care 
centers reveal?

    Anyone who applies for employment (including volunteer positions) 
at a child care facility, located on Federally controlled property 
(including Federally leased property), must reveal any arrests and 
convictions on the job application. Employment at a child care facility 
means any position that involves work with minor children, such as a 
teacher, daycare worker, or school administrator.

0
12. Revise part 102-82 to read as follows:

PART 102-82--UTILITY SERVICES

Subpart A--General Provisions

Sec.
102-82.5 What is the scope of this part?
102-82.10 What basic utility services policy govern Executive 
agencies?
Subpart B--Utility Services
102-82.15 What utility services must Executive agencies provide?
102ndash;82.20 What are Executive agencies' rate intervention 
responsibilities?
102-82.25 What are Executive agencies' responsibilities concerning 
the procurement of utility services?

    Authority: 40 U.S.C. 121(c) and 501.

Subpart A--General Provisions


Sec.  102-82.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or

[[Page 67857]]

subject to, the authorities of the Administrator of General Services.


Sec.  102-82.10  What basic utility services policy govern Executive 
agencies?

    Executive agencies procuring, managing or supplying utility 
services under Title 40 of the United States Code must provide or 
procure services that promote economy and efficiency with due regard to 
the mission responsibilities of the agencies concerned.

Subpart B--Utility Services


Sec.  102-82.15  What utility services must Executive agencies provide?

    Executive agencies must negotiate with public utilities to procure 
utility services and, where appropriate, provide rate intervention 
services in proceedings (see Sec. Sec.  102-72.100 and 102-72.105 of 
this chapter) before Federal and State utility regulatory bodies.


Sec.  102-82.20  What are Executive agencies' rate intervention 
responsibilities?

    Where the consumer interests of the Federal Government will be 
significantly affected and upon receiving a delegation of authority 
from GSA, Executive agencies must provide representation in proceedings 
involving utility services before Federal and State regulatory bodies. 
Specifically, these responsibilities include instituting formal or 
informal action before Federal and State regulatory bodies to contest 
the level, structure, or applicability of rates or service terms of 
utility suppliers. The Secretary of Defense is independently authorized 
to take such actions without a delegation from GSA, when the Secretary 
determines such actions to be in the best interests of national 
security.


Sec.  102-82.25  What are Executive agencies' responsibilities 
concerning the procurement of utility services?

    Executive agencies, operating under a utility services delegation 
from GSA, or the Secretary of Defense, when the Secretary determines it 
to be in the best interests of national security, 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. Executive 
agencies, upon receiving a delegation of authority from GSA, may enter 
into contracts for utility services for periods not exceeding ten years 
(40 U.S.C. 501(b)(1)(B)).

0
13. Revise part 102-83 to read as follows:

PART 102-83--LOCATION OF SPACE

Subpart A--General Provisions

Sec.
102-83.5 What is the scope of this part?
102-83.10 What basic location of space policy governs an Executive 
agency?
102-83.15 Is there a general hierarchy of consideration that 
agencies must follow in their utilization of space?
Subpart B--Location of Space

Delineated Area

102-83.20 What is a delineated area?
102-83.25 Who is responsible for identifying the delineated area 
within which a Federal agency wishes to locate specific activities?
102-83.30 In addition to its mission and program requirements, are 
there any other issues that Federal agencies must consider in 
identifying the delineated area?
102-83.35 Are Executive agencies required to consider whether the 
central business area will provide for adequate competition when 
acquiring leased space?
102-83.40 Who must approve the final delineated area?
102-83.45 Where may Executive agencies find guidance on appealing 
GSA's decisions and recommendations concerning delineated areas?

Rural Areas

102-83.50 What is the Rural Development Act of 1972?
102-83.55 What is a rural area?
102-83.60 What is an urbanized area?
102-83.65 Are Executive agencies required to give first priority to 
the location of new offices and other facilities in rural areas?

Urban Areas

102-83.70 What is Executive Order 12072?
102-83.75 What is Executive Order 13006?
102-83.80 What is an urban area?
102-83.85 What is a central business area?
102-83.90 Do Executive Orders 12072 and 13006 apply to rural areas?
102-83.95 After an agency has identified that its geographic service 
area and delineated area are in an urban area, what is the next step 
for an agency?
102-83.100 Why must agencies consider available space in properties 
under the custody and control of the U.S. Postal Service?
102-83.105 What happens if there is no available space in non-
historic buildings under the custody and control of the U.S. Postal 
Service?
102-83.110 When an agency's mission and program requirements call 
for the location in an urban area, are Executive agencies required 
to give first consideration to central business areas?
102-83.115 What is a central city?
102-83.120 What happens if an agency has a need to be in a specific 
urban area that is not a central city in a metropolitan area?

Preference to Historic Properties

102-83.125 Are Executive agencies required to give preference to 
historic properties when acquiring leased space?

Application of Socioeconomic Considerations

102-83.130 When must agencies consider the impact of a location 
decision on low- and moderate-income employees?
102-83.135 With whom must agencies consult in determining the 
availability of low- and moderate-income housing?
Appendix to Part 102-83--Memorandum of Understanding Between the 
Department of Housing and Urban Development and the General Services 
Administration Concerning Low- and Moderate-Income Housing

    Authority: 40 U.S.C. 121(c); E.O. 12072; and E.O. 13006.

Subpart A--General Provisions


Sec.  102-83.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service (PBS), operating 
under, or subject to, the authorities of the Administrator of General 
Services.


Sec.  102-83.10  What basic location of space policy governs an 
Executive agency?

    Each Executive agency is responsible for identifying its geographic 
service area and the delineated area within which it wishes to locate 
specific activities, consistent with its mission and program 
requirements, and in accordance with all applicable statutes, 
regulations and policies.


Sec.  102-83.15  Is there a general hierarchy of consideration that 
agencies must follow in their utilization of space?

    Yes, Federal agencies must follow the hierarchy of consideration 
identified in Sec.  102-79.55 of this chapter.

Subpart B--Location of Space

Delineated Area


Sec.  102-83.20  What is a delineated area?

    Delineated area means the specific boundaries within which space 
will be obtained to satisfy an agency space requirement.


Sec.  102-83.25  Who is responsible for identifying the delineated area 
within which a Federal agency wishes to locate specific activities?

    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.

[[Page 67858]]

Sec.  102-83.30  In addition to its mission and program requirements, 
are there any other issues that Federal agencies must consider in 
identifying the delineated area?

    Yes, Federal agencies must also consider real estate, labor, and 
other operational costs and applicable local incentives, when 
identifying the delineated area.


Sec.  102-83.35  Are Executive agencies required to consider whether 
the central business area will provide for adequate competition when 
acquiring leased space?

    In accordance with the Competition in Contracting Act of 1984, as 
amended (41 U.S.C. 253(a)), Executive agencies must consider whether 
restricting the delineated area for obtaining leased space to the 
central business area (CBA) will provide for adequate competition when 
acquiring leased space. Where an Executive agency determines that the 
delineated area must be expanded beyond the CBA to provide adequate 
competition, the agency may expand the delineated area in consultation 
with local officials. Executive agencies must continue to include the 
CBA in such expanded areas.


Sec.  102-83.40  Who must approve the final delineated area?

    Federal agencies conducting the procurement must approve the final 
delineated area for site acquisitions and lease actions and must 
confirm that the final delineated area complies with the requirements 
of all applicable laws, regulations, and Executive Orders.


Sec.  102-83.45  Where may Executive agencies find guidance on 
appealing GSA's decisions and recommendations concerning delineated 
areas?

    GSA's PBS provides guidance in its Customer Guide to Real Property 
on the process for appealing GSA's decisions and recommendations 
concerning delineated areas.

Rural Areas


Sec.  102-83.50  What is the Rural Development Act of 1972?

    The Rural Development Act of 1972, as amended (7 U.S.C. 2204b-1), 
directs Federal agencies to develop policies and procedures to give 
first priority to the location of new offices and other Federal 
facilities in rural areas. The intent of the Rural Development Act is 
to revitalize and develop rural areas and to help foster a balance 
between rural and urban America.


Sec.  102-83.55  What is a rural area?

    As defined in 7 U.S.C. 1991(a)(13)(A), rural area means any area 
other than--
    (a) A city or town that has a population of greater than 50,000 
inhabitants; and
    (b) The urbanized area contiguous and adjacent to such a city or 
town.


Sec.  102-83.60  What is an urbanized area?

    An urbanized area is a statistical geographic area defined by the 
Census Bureau, consisting of a central place(s) and adjacent densely 
settled territory that together contain at least 50,000 people, 
generally with an overall population density of at least 1,000 people 
per square mile.


Sec.  102-83.65  Are Executive agencies required to give first priority 
to the location of new offices and other facilities in rural areas?

    Yes, Executive agencies must give first priority to the location of 
new offices and other facilities in rural areas in accordance with the 
Rural Development Act (7 U.S.C. 2204b-1), unless their mission or 
program requirements call for locations in an urban area. First 
priority to the location of new offices and other facilities in rural 
areas must be given in accordance with the hierarchy specified in Sec.  
102-79.55 of this chapter.

Urban Areas


Sec.  102-83.70  What is Executive Order 12072?

    Executive Order 12072, entitled ``Federal Space Management,'' 
requires all Executive agencies that have a mission requirement to 
locate in an urban area to give first consideration to locating Federal 
facilities in central business areas, and/or adjacent areas of similar 
character, to use them to make downtowns attractive places to work, 
conserve existing resources, and encourage redevelopment. It also 
directs Executive agencies to consider opportunities for locating 
cultural, educational, recreational, or commercial activities within 
the proposed facility.


Sec.  102-83.75  What is Executive Order 13006?

    Executive Order 13006, entitled ``Locating Federal Facilities on 
Historic Properties in Our Nation's Central Cities,'' requires all 
Executive agencies that have a mission requirement to locate in an 
urban area to give first consideration to locating Federal facilities 
in historic buildings and districts within central business areas. It 
also directs Executive agencies to remove regulatory barriers, review 
their policies, and build new partnerships with the goal of enhancing 
participation in the National Historic Preservation program.


Sec.  102-83.80  What is an urban area?

    Urban area means any metropolitan area (MA) as defined by the 
Office of Management and Budget (OMB) in OMB Bulletin No. 99-04, or 
succeeding OMB Bulletin, that does not meet the definition of rural 
area in Sec.  102-83.55.


Sec.  102-83.85  What is a central business area?

    Central business area (CBA) means the centralized community 
business area and adjacent areas of similar character, including other 
specific areas that may be recommended by local officials in accordance 
with Executive Order 12072. The CBAs are designated by local government 
and not by Federal agencies.


Sec.  102-83.90  Do Executive Orders 12072 and 13006 apply to rural 
areas?

    No, Executive Orders 12072 and 13006 only apply to agencies looking 
for space in urban areas.


Sec.  102-83.95  After an agency has identified that its geographic 
service area and delineated area are in an urban area, what is the next 
step for an agency?

    After an agency identifies its geographic service area and 
delineated area within which it wishes to locate specific activities 
are in an urban area (i.e., determined that the agency's mission 
requirements dictate a need to locate its facility in an urban area), 
Federal agencies must seek space in historic properties already under 
agency control, in accordance with section 110 of the National Historic 
Preservation Act. The National Historic Preservation Act provides that 
prior to purchasing, constructing or leasing new space, Federal 
agencies must--
    (a) Consider agency-controlled historic properties within historic 
districts inside CBAs when locating Federal operations, in accordance 
with Executive Order 13006 (which, by reference, also incorporates the 
requirements in Executive Order 12072 and the Rural Development Act of 
1972);
    (b) Then consider agency-controlled developed or undeveloped sites 
within historic districts, if no suitable agency-controlled historic 
property specified in paragraph (a) of this section is available;
    (c) Then consider agency-controlled historic properties outside of 
historic districts, if no suitable agency-controlled site exists within 
a historic district as specified in paragraph (b) of this section;
    (d) Then consider non-historic agency-controlled properties, if no 
suitable agency-controlled historic properties outside of historic 
districts

[[Page 67859]]

exist as specified in paragraph (c) of this section;
    (e) Then consider historic properties under the custody and control 
of the U.S. Postal Service, if there is no available space in non-
historic agency-controlled properties specified in paragraph (d) of 
this section.
    (f) Then consider non-historic properties under the custody and 
control of the U.S. Postal Service, if there is no available space in 
historic properties under the custody and control of the U.S. Postal 
Service specified in paragraph (e) of this section.


Sec.  102-83.100  Why must agencies consider available space in 
properties under the custody and control of the U.S. Postal Service?

    See Sec.  102-73.20 of this chapter.


Sec.  102-83.105  What happens if there is no available space in non-
historic buildings under the custody and control of the U.S. Postal 
Service?

    If no suitable space in non-historic buildings under the custody 
and control of the U.S. Postal Service is available, agencies may then 
acquire real estate by purchase, lease, or construction, in accordance 
with FMR part 102-73.


Sec.  102-83.110  When an agency's mission and program requirements 
call for the location in an urban area, are Executive agencies required 
to give first consideration to central business areas?

    Yes, if an agency has a specific location need to be in an urban 
area, then Executive Orders 12072 and 13006 require that agencies 
should give first consideration to locating in a historic building in a 
historic district in the CBA of a central city of the appropriate 
metropolitan area. If no such space is available, agencies must give 
consideration to locating in a non-historic building in a historic 
district in the CBA of a central city of the appropriate metropolitan 
area. If no such space is available, agencies must give consideration 
to locating in a historic building outside of a historic district in 
the CBA of a central city of the appropriate metropolitan area. If no 
such space is available, agencies should give consideration to locating 
in a non-historic building outside of a historic district in the CBA of 
a central city of the appropriate metropolitan area.


Sec.  102-83.115  What is a central city?

    Central cities are those central cities defined by OMB in OMB 
Bulletin No. 99-04, or succeeding OMB Bulletin.


Sec.  102-83.120  What happens if an agency has a need to be in a 
specific urban area that is not a central city in a metropolitan area?

    If an agency has a need to be in a specific urban area that is not 
a central city in a metropolitan area, then the agency must give first 
consideration to locating in a historic building in a historic district 
in the CBA of the appropriate metropolitan area. If no such space is 
available, agencies must give consideration to locating in a non-
historic building in a historic district in the CBA of the appropriate 
metropolitan area. If no such space is available, agencies must give 
consideration to locating in a historic building outside of a historic 
district in the CBA of the appropriate metropolitan area. If no such 
space is available, agencies should give consideration to locating in a 
non-historic building outside of a historic district in the CBA of the 
appropriate metropolitan area.

Preference to Historic Properties


Sec.  102-83.125  Are Executive agencies required to give preference to 
historic properties when acquiring leased space?

    Yes, Federal agencies must give a price preference when acquiring 
space using either the lowest price technically acceptable or the best 
value tradeoff source selection process. See part 102-73 of this 
chapter for additional guidance.

Application of Socioeconomic Considerations


Sec.  102-83.130  When must agencies consider the impact of location 
decisions on low- and moderate-income employees?

    Federal agencies proposing locations for Federal construction or 
major lease actions involving the relocation of a major work force must 
consider the impact on employees with low and moderate incomes.


Sec.  102-83.135  With whom must agencies consult in determining the 
availability of low- and moderate-income housing?

    Federal agencies must consult with the U.S. Department of Housing 
and Urban Development (HUD) in accordance with the Memorandum of 
Understanding (MOU) between HUD and GSA. The text of the HUD-GSA MOU is 
located in the Appendix to this part.

APPENDIX TO PART 102-83--MEMORANDUM OF UNDERSTANDING BETWEEN THE 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE GENERAL SERVICES 
ADMINISTRATION CONCERNING LOW- AND MODERATE-INCOME HOUSING

    Purpose. The purpose of the memorandum of understanding is to 
provide an effective, systematic arrangement under which the Federal 
Government, acting through HUD and GSA, will fulfill its 
responsibilities under law, and as a major employer, in accordance 
with the concepts of good management, to assure for its employees 
the availability of low- and moderate-income housing without 
discrimination because of race, color, religion, or national origin, 
and to consider the need for development and redevelopment of areas 
and the development of new communities and the impact on improving 
social and economic conditions in the area, whenever Federal 
Government facilities locate or relocate at new sites, and to use 
its resources and authority to aid in the achievement of these 
objectives.
    1. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601) 
states, in section 801, that ``It is the policy of the United States 
to provide, within constitutional limitations, for fair housing 
throughout the United States.'' Section 808(a) places the authority 
and responsibility for administering the Act in the Secretary of 
Housing and Urban Development. Section 808(d) requires all Executive 
departments and agencies to administer their programs and activities 
relating to housing and urban development in a manner affirmatively 
to further the purposes of title VIII (fair housing) and to 
cooperate with the Secretary to further such purposes. Section 
808(e)(5) provides that the Secretary of HUD shall administer the 
programs and activities relating to housing and urban development in 
a manner affirmatively to further the policies of title VIII.
    2. Section 2 of the Housing Act of 1949 (42 U.S.C. 1441) 
declares the national policy of ``* * * the realization as soon as 
feasible of the goal of a decent home and a suitable living 
environment for every American family * * *.'' This goal was 
reaffirmed in the Housing and Urban Development Act of 1968 
(sections 2 and 1601; 12 U.S.C. 1701t and 42 U.S.C. 1441a).
    3. By virtue of the Public Buildings Act of 1959, as amended; 
the Federal Property and Administrative Services Act of 1949, as 
amended; and Reorganization Plan No. 18 of 1950, the Administrator 
of General Services is given certain authority and responsibility in 
connection with planning, developing, and constructing Government-
owned public buildings for housing Federal agencies, and for 
acquiring leased space for Federal agency use.
    4. Executive Order 11512, February 27, 1970, sets forth the 
policies by which the Administrator of General Services and the 
heads of Executive agencies will be guided in the acquisition of 
both federally owned and leased office buildings and space.
    5. While Executive Order No. 11512 provides that material 
consideration will be given to the efficient performance of the

[[Page 67860]]

missions and programs of the Executive agencies and the nature and 
functions of the facilities involved, there are six other guidelines 
set forth, including:
    <bullet> The need for development and redevelopment of areas and 
the development of new communities, and the impact a selection will 
have on improving social and economic conditions in the area; and
    <bullet> The availability of adequate low- and moderate-income 
housing, adequate access from other areas of the urban center, and 
adequacy of parking.
    6. General Services Administration (GSA) recognizes its 
responsibility, in all its determinations with respect to the 
construction of Federal buildings and the acquisition of leased 
space, to consider to the maximum possible extent the availability 
of low- and moderate-income housing without discrimination because 
of race, color, religion, or national origin, in accordance with its 
duty affirmatively to further the purposes of title VIII of the 
Civil Rights Act of 1968 and with the authorities referred to in 
paragraph 2 above, and the guidelines referred to in paragraph 5 
above, and consistent with the authorities cited in paragraphs 3 and 
4 above. In connection with the foregoing statement, it is 
recognized that all the guidelines must be considered in each case, 
with the ultimate decision to be made by the Administrator of 
General Services upon his determination that such decision will 
improve the management and administration of governmental activities 
and services, and will foster the programs and policies of the 
Federal Government.
    7. In addition to its fair housing responsibilities, the 
responsibilities of HUD include assisting in the development of the 
Nation's housing supply through programs of mortgage insurance, home 
ownership and rental housing assistance, rent supplements, below 
market interest rates, and low-rent public housing. Additional HUD 
program responsibilities which relate or impinge upon housing and 
community development include comprehensive planning assistance, 
metropolitan area planning coordination, new communities, 
relocation, urban renewal, model cities, rehabilitation loans and 
grants, neighborhood facilities grants, water and sewer grants, open 
space, public facilities loans, Operation BREAKTHROUGH, code 
enforcement, workable programs, and others.
    8. In view of its responsibilities described in paragraphs 1 and 
7 above, HUD possesses the necessary expertise to investigate, 
determine, and report to GSA on the availability of low- and 
moderate-income housing on a nondiscriminatory basis and to make 
findings as to such availability with respect to proposed locations 
for a federally-constructed building or leased space which would be 
consistent with such reports. HUD also possesses the necessary 
expertise to advise GSA and other Federal agencies with respect to 
actions which would increase the availability of low- and moderate-
income housing on a nondiscriminatory basis, once a site has been 
selected for a federally-constructed building or a lease executed 
for space, as well as to assist in increasing the availability of 
such housing through its own programs such as those described in 
paragraph 7 above.
    9. HUD and GSA agree that:
    (a) GSA will pursue the achievement of low- and moderate-income 
housing objectives and fair housing objectives, in accordance with 
its responsibilities recognized in paragraph 6 above, in all 
determinations, tentative and final, with respect to the location of 
both federally constructed buildings and leased buildings and space, 
and will make all reasonable efforts to make this policy known to 
all persons, organizations, agencies and others concerned with 
federally owned and leased buildings and space in a manner which 
will aid in achieving such objectives.
    (b) In view of the importance to the achievement of the 
objectives of this memorandum of agreement of the initial selection 
of a city or delineation of a general area for location of public 
buildings or leased space, GSA will provide the earliest possible 
notice to HUD of information with respect to such decisions so that 
HUD can carry out its responsibilities under this memorandum of 
agreement as effectively as possible.
    (c) Government-owned Public Buildings Projects. (1) In the 
planning for each new public buildings project under the Public 
Buildings Act of 1959, during the survey preliminary to the 
preparation and submission of a project development report, 
representatives of the regional office of GSA in which the project 
is proposed will consult with, and receive advice from, the regional 
office of HUD, and local planning and housing authorities concerning 
the present and planned availability of low- and moderate-income 
housing on a nondiscriminatory basis in the area where the project 
is to be located. Such advice will constitute the principal basis 
for GSA's consideration of the availability of such housing in 
accordance with paragraphs 6 and 9(a). A copy of the prospectus for 
each project which is authorized by the Committees on Public Works 
of the Congress in accordance with the requirements of section 7(a) 
of the Public Buildings Act of 1959, will be provided to HUD.
    (2) When a site investigation for an authorized public buildings 
project is conducted by regional representatives of GSA to identify 
a site on which the public building will be constructed, a 
representative from the regional office of HUD will participate in 
the site investigation for the purposes of providing a report on the 
availability of low- and moderate-income housing on a 
nondiscriminatory basis in the area of the investigation. Such 
report will constitute the principal basis for GSA's consideration 
of the availability of such housing in accordance with paragraphs 6 
and 9(a).
    (d) Major lease actions having a significant socioeconomic 
impact on a community: At the time GSA and the agencies who will 
occupy the space have tentatively delineated the general area in 
which the leased space must be located in order that the agencies 
may effectively perform their missions and programs, the regional 
representative of HUD will be consulted by the regional 
representative of GSA who is responsible for the leasing action to 
obtain advice from HUD concerning the availability of low- and 
moderate-income housing on a nondiscriminatory basis to the 
delineated area. Such advice will constitute the principal basis for 
GSA's consideration of the availability of such housing in 
accordance with paragraphs 6 and 9(a). Copies of lease-construction 
prospectuses approved by the Committees on Public Works of the 
Congress in conformity with the provisions of the Independent 
Offices and Department of Housing and Urban Development 
appropriation acts, will be provided to HUD.
    (e) GSA and HUD will each issue internal operating procedures to 
implement this memorandum of understanding within a reasonable time 
after its execution. These procedures shall recognize the right of 
HUD, in the event of a disagreement between HUD and GSA 
representatives at the area or regional level, to bring such 
disagreement to the attention of GSA officials at headquarters in 
sufficient time to assure full consideration of HUD's views, prior 
to the making of a determination by GSA.
    (f) In the event a decision is made by GSA as to the location of 
a federally constructed building or leased space, and HUD has made 
findings, expressed in the advice given or a report made to GSA, 
that the availability to such location of low- and moderate-income 
housing on a nondiscriminatory basis is inadequate, the GSA shall 
provide the DHUD with a written explanation why the location was 
selected.
    (g) Whenever the advice or report provided by HUD in accordance 
with paragraph 9(c)(1), 9(c)(2), or 9(d) with respect to an area or 
site indicates that the supply of low-and moderate-income housing on 
a nondiscriminatory basis is inadequate to meet the needs of the 
personnel of the agency involved, GSA and HUD will develop an 
affirmative action plan designed to insure that an adequate supply 
of such housing will be available before the building or space is to 
be occupied or within a period of 6 months thereafter. The plan 
should provide for commitments from the community involved to 
initiate and carry out all feasible efforts to obtain a sufficient 
quantity of low- and moderate-income housing available to the 
agency's personnel on a nondiscriminatory basis with adequate access 
to the location of the building or space. It should include 
commitments by the local officials having the authority to remove 
obstacles to the provision of such housing, when such obstacles 
exist, and to take effective steps to assure its provision. The plan 
should also set forth the steps proposed by the agency to develop 
and implement a counseling and referral service to seek out and 
assist its personnel to obtain such housing. As part of any plan 
during, as well as after its development, HUD agrees to give 
priority consideration to applications for assistance under its 
housing programs for the housing proposed to be provided in 
accordance with the plan.
    10. This memorandum will be reviewed at the end of one year, and 
modified to incorporate any provision necessary to improve its 
effectiveness in light of actual experience.
[FR Doc. 05-21644 Filed 11-7-05; 8:45 am]
BILLING CODE 6820-RH-S


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