Federal Management Regulation; Real Property Policies Update, 2167-2168 [E8-439]

Agencies

• General Services Administration

[Federal Register Volume 73, Number 9 (Monday, January 14, 2008)]
[Rules and Regulations]
[Pages 2167-2168]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-439]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-84

[FMR Amendment 2008-01; FMR Case 2007-102-3]
RIN 3090-AI42


Federal Management Regulation; Real Property Policies Update

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

ACTION: Final rule.

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SUMMARY: GSA is amending the Federal Management Regulation (FMR) to 
update the legal citations and to incorporate additional policy 
guidance in accordance with Executive Order 13327. This final rule 
cancels and replaces in its entirety 41 CFR part 102-84, issued 
December 13, 2002.

DATES: Effective Date: January 14, 2008.

FOR FURTHER INFORMATION CONTACT: 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 Stanley.langfeld@gsa.gov. The 
Regulatory Secretariat, General Services Administration, Room 4035, GS 
Building, 1800 F Street, NW., Washington, DC 20405, (202) 501-4755, for 
information pertaining to status or publication schedules. Please cite 
FMR case 2007-102-3, Amendment 2008-01.

SUPPLEMENTARY INFORMATION:

A. Background

    On December 13, 2002, GSA published Federal Property Management 
Regulation (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 directed readers to 
the coverage in the Federal Management Regulation (FMR).
    On February 4, 2004, the President signed Executive Order 13327, 
Federal Real Property Asset Management, requiring that the 
Administrator of General Services, in consultation with the Federal 
Real Property Council, establish and maintain a single, comprehensive 
database of all real property under the custody and control of all 
executive branch agencies, except when otherwise required for reasons 
of national security.

B. Executive Order 12866

    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 Part 102-84

    Annual Real Property Inventory.

    Dated: November 27, 2007.
Lurita A. Doan,
Administrator of General Services.

0
For the reasons set forth in the preamble, GSA is revising in its 
entirety 41 CFR part 102-84 as set forth below:

PART 102-84--ANNUAL REAL PROPERTY INVENTORIES

Sec.
102-84.5 What is the scope of this part?
102-84.10 What is the purpose of the Annual Real Property Inventory 
program?
102-84.15 Why must I provide information for the Annual Real 
Property Inventory?
102-84.20 Where should I obtain the data required to be reported for 
the Annual Real Property Inventory?
102-84.25 Is it necessary for my agency to designate an official to 
serve as the point of contact for the real property inventories?
102-84.30 Is it necessary for my agency to certify the accuracy of 
its real property inventory submission?
102-84.35 Which agencies must submit a report for inclusion in the 
Annual Real Property Inventory?
102-84.40 What types of real property must I report for the Annual 
Real Property Inventory?
102-84.45 What types of real property are excluded from reporting 
for the Annual Real Property Inventory?
102-84.50 May the GSA Form 1166 be used to report information?
102-84.55 When are the Annual Real Property Inventory Reports due?

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


Sec.  102-84.5  What is the scope of this part?

    GSA's policies contained in this part apply to all Federal 
agencies. This part prescribes guidance that all Federal agencies must 
follow in preparing and submitting annual real property inventory 
information for real property owned, leased or otherwise managed by the 
United States. Detailed guidance implementing these policies is 
contained in the annual Guidance for Real Property Inventory Reporting, 
issued by the Federal Real Property Council and published by GSA.


Sec.  102-84.10  What is the purpose of the Annual Real Property 
Inventory program?

    The purpose of the Annual Real Property Inventory program is to:
    (a) Promote efficient and economical use of Federal real property 
assets.
    (b) Increase the level of agency accountability for asset 
management.
    (c) Allow for comparing and benchmarking across various types of 
real property assets.
    (d) Give decision makers the accurate, reliable data needed to make 
asset management decisions, including disposing of unneeded federal 
assets.


Sec.  102-84.15  Why must I provide information for the Annual Real 
Property Inventory?

    You must provide information for the Annual Real Property Inventory 
because:
    (a) The Senate Committee on Appropriations requests that the 
Government maintain an Annual Real Property Inventory.
    (b) Executive Order 12411, Government Work Space Management 
Reforms, dated March 29, 1983 (48 FR 13391, 3 CFR, 1983 Comp., p. 155), 
requires that Executive agencies:
    (1) Produce and maintain a total inventory of work space and 
related furnishings and declare excess to the

[[Page 2168]]

Administrator of General Services all such holdings that are not 
necessary to satisfy existing or known and verified planned programs; 
and
    (2) Establish information systems, implement inventory controls and 
conduct surveys, in accordance with procedures established by the 
Administrator of General Services, so that a governmentwide reporting 
system may be developed.
    (c) Executive Order 13327, Federal Real Property Asset Management, 
dated February 4, 2004, requires that the Administrator of General 
Services, in consultation with the Federal Real Property Council, 
establish and maintain a single, comprehensive and descriptive database 
of all real property under the custody and control of all executive 
branch agencies, except when otherwise required for reasons of national 
security. The Executive Order authorizes the Administrator to collect 
from each Executive agency such descriptive information, except for 
classified information, as the Administrator considers will best 
describe the nature, use, and extent of the real property holdings of 
the Federal Government.


Sec.  102-84.20  Where should I obtain the data required to be reported 
for the Annual Real Property Inventory?

    You should obtain data reported for the Annual Real Property 
Inventory from the most accurate real property asset management and 
financial management records maintained by your agency.


Sec.  102-84.25  Is it necessary for my agency to designate an official 
to serve as the point of contact for the real property inventories?

    Yes. You must designate an official to serve as your agency's point 
of contact for the Annual Real Property Inventories. We recommend that 
you designate the same point of contact for the Federally-owned and 
leased real property inventory, although separate points of contact are 
permitted. You must advise the General Services Administration, Office 
of Governmentwide Policy, Office of Real Property (MP), 1800 F Street, 
NW., Washington, DC 20405, in writing, of the name(s) of these 
representative(s) and any subsequent changes.


Sec.  102-84.30  Is it necessary for my agency to certify the accuracy 
of its real property inventory submission?

    Yes. Your agency's official designated in accordance with Sec.  
102-84.25 must certify the accuracy of the real property information 
submitted to GSA.


Sec.  102-84.35  Which agencies must submit a report for inclusion in 
the Annual Real Property Inventory?

    Each agency that has jurisdiction, custody, control, or otherwise 
manages Federal real property or enters into leases, is responsible for 
submitting the real property inventory information. Additional 
information on the responsibility for reporting inventory data is 
contained in the annual Guidance for Real Property Inventory Reporting.


Sec.  102-84.40  What types of real property must I report for the 
Annual Real Property Inventory?

    You must report for the Annual Real Property Inventory all land, 
buildings, and other structures and facilities owned by the United 
States (including wholly-owned Federal Government corporations) 
throughout the world, all real property leased by the United States 
from private individuals, organizations, and municipal, county, State, 
and foreign governments, and all real property otherwise managed by the 
United States where the ownership interest is held by a State or 
foreign government. Property to be reported includes, but is not 
limited to:
    (a) Real property acquired by purchase, construction, donation, 
eminent domain proceedings, or any other method;
    (b) Real property in which the Government has a long-term interest 
considered by the reporting agency as being equivalent to ownership. 
This would include land acquired by treaty or long-term lease (e.g., 
99-year lease), and that your agency considers equivalent to Federally-
owned land;
    (c) Buildings or other structures and facilities owned by or leased 
to the Government, whether or not located on Government-owned land;
    (d) Excess and surplus real property;
    (e) Leased real property (including leased land, leased buildings, 
leased other structures and facilities, or any combination thereof);
    (f) Real property leased rent free or for a nominal rental rate, if 
the real property is considered significant by the reporting agency; 
and
    (g) Real property where title is held by a State or foreign 
government, but rights for use have been granted to a Federal entity in 
an arrangement other than a leasehold.


Sec.  102-84.45  What types of real property are excluded from 
reporting for the Annual Real Property Inventory?

    The following real property assets are excluded from Executive 
Order 13327 and reporting is optional:
    (a) Land easements or rights-of-way held by the Federal Government.
    (b) Public domain land (including lands withdrawn for military 
purposes) or land reserved or dedicated for national forest, national 
park, or national wildlife refuge purposes, except for improvements on 
those lands.
    (c) Land held in trust or restricted-fee status for individual 
Indians or Indian tribes.
    (d) Land, and interests in land, that are withheld from the scope 
of Executive Order 13327 by agency heads for reasons of national 
security, foreign policy or public safety.


Sec.  102-84.50  May the GSA Form 1166 be used to report information?

    No. Agencies must submit information in accordance with the 
electronic format outlined in the annual reporting instructions by 
either submitting an XML file in a predetermined format or by entering 
the data manually into the online Federal Real Property Profile system. 
For more information on format requirements, or any other information 
and guidance on the Annual Real Property Inventory, contact GSA's 
Office of Governmentwide Policy, Office of Real Property (MP), 1800 F 
Street, NW., Washington, DC 20405, or by telephone at (202) 501-0856.


Sec.  102-84.55  When are the Annual Real Property Inventory reports 
due?

    You must prepare the Annual Real Property Inventory information 
prescribed in Sec.  102-84.50 as of the last day of each fiscal year. 
This information must be submitted electronically to the General 
Services Administration, Office of Governmentwide Policy, Office of 
Real Property (MP), 1800 F Street, NW., Washington, DC 20405, no later 
than December 15 of each year.

[FR Doc. E8-439 Filed 1-11-08; 8:45 am]
BILLING CODE 6820-RH-P