General Services Administration; Office of Governmentwide Policy; Information Collection Standard Form (SF-XXXX), Real Property Status Report, 67177-67180 [E8-26996]

Download as PDF 67177 Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / Notices For . . . A recipient must . . . When . . . Under . . . Request disposition instructions. Sell the equipment and reimburse the Federal awarding agency for the Federal share. Grantee no longer needs the equipment for any purpose. Equipment has a per unit fair market value of greater than $5,000 and the recipient no longer needs the equipment for any purpose and requested disposition instructions, and either was instructed to sell the equipment or received no instructions within 120 days. Upon completion of the award, when the awarding agency has reserved the right to transfer title to the Federal Government or a third party. It has a residual inventory of unused supplies exceeding $5,000 in aggregate value at the end of a project or program that are not needed for other Federally supported activities. 2 CFR 215.34(g). Account for the equipment .... Supplies ..................................... Compensate the Federal Government for its share. 2 CFR 215.34(g)(1); A–102, l.32(e)(2). 2 CFR 215.71(f) and 2 CFR 215.34(g)(4)(ii). 2 CFR 215.35(a); A–102, l.33(b). Note: Citations listed in this table for OMB Circular A–102 refer to each agency’s implementing regulations. The underscore is where each agency’s individual CFR location would be inserted. Citations for 2 CFR 215 are from OMB Circular A–110 which has been relocated to 2 CFR, Part 215. For further information on the Circulars, please refer to http://www.whitehouse.gov/omb/grants/attach.html. Comments on 2007 Federal Register Notice and Responses Comment: Requested clarification as to whether the new report would take precedence over specific reporting requirements in the provisions of their awards. Response: The (SF–XXXX) will replace any agency unique forms currently in use, but it does not create any new reporting requirements. The provisions of individual awards still apply. B. Annual Reporting Burden This report will be used to collect information related to tangible personal property (and supplies) when required by a Federal financial assistance award. Number of responses per respondent Number of respondents Instrument Since this form will primarily be used for reporting under grants, and GSA does not award grants, we are providing a burden estimate for one respondent. Respondents: Federal agencies and their assistance recipients. Estimated Total Annual Burden Hours: 2.75. Estimated Cost: There is no expected cost to the respondents or to GSA. Average burden hours per response Total burden hours Tangible Personal Property Report (SF–XXXX) ............................. Annual Report: Attachment to SF–XXXX ........................................ Final Report: Attachment to SF–XXXX ........................................... Disposition Request/Report: Attachment to SF–XXXX ................... Tangible Personal Property Report Supplemental Sheet (SF– XXXX–S) ...................................................................................... 1 1 1 1 1 1 1 1 0.166666667 0.75 0.75 0.75 0.166666667 0.75 0.75 0.75 1 1 0.333333333 0.333333333 Total .......................................................................................... ............................ ............................ ............................ 2.75 mstockstill on PROD1PC66 with NOTICES Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, Washington, DC 20405, telephone (202) 208–4755. Please cite OMB Control No. 3090– XXXX, Tangible Personal Property Report, in all correspondence. GENERAL SERVICES ADMINISTRATION Dated: October 17, 2008. Casey Coleman, Chief Information Officer. [FR Doc. E8–26994 Filed 11–12–08; 8:45 am] AGENCY: BILLING CODE 6820–RH–P [OMB Control No. 3090–XXXX] General Services Administration; Office of Governmentwide Policy; Information Collection Standard Form (SF–XXXX), Real Property Status Report Office of Governmentwide Policy, General Services Administration (GSA). ACTION: Interim Notice; request for comments regarding a new information collection. SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the GSA Office of Governmentwide Policy will submit to VerDate Aug<31>2005 17:13 Nov 12, 2008 Jkt 217001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 the Office of Management and Budget (OMB) a request to review and approve a new information collection requirement concerning reporting real property status. The GSA, on behalf of the Grants Policy Committee, proposes to issue a new standard form, the Real Property Status Report (RPSR) (SF– XXXX). This interim notice is being issued to address comments received as a result of the notice published in the Federal Register at 72 FR 64646 on November 16, 2007, and to present changes made to the report as a result of those comments. We anticipate this being the interim notice before the form and instructions are finalized. The general public and Federal agencies are invited to comment on the proposed revised report. To view the E:\FR\FM\13NON1.SGM 13NON1 67178 Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / Notices report and a full list of comments received along with work group responses, go to OMB’s Web page at http://www.OMB.gov and click on the ‘‘Grants Management,’’ then ‘‘Forms,’’ then Proposed Government-Wide Standard Grants Reporting Forms links. DATES: Comment Due Date: January 12, 2009. FOR FURTHER INFORMATION CONTACT: Michael Nelson, Chair, Post-Award Workgroup; telephone 301–713–0833 ext. 199; fax 301–713–0806; e-mail Michael.Nelson@noaa.gov; mailing address 1305 East-West Highway, Room 7142, Silver Spring, MD 20910. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Regulatory Secretariat (VPR), General Services Administration, Room 4041, 1800 F Street, NW., Washington, DC 20405. SUPPLEMENTARY INFORMATION: A. Purpose The report will be used to collect information related to real property when required by a Federal financial assistance award. The SF–XXXX includes a cover page, attachment A, ‘‘General Reporting’’, attachment B, ‘‘Request To Acquire, Improve or Furnish’’ and attachment C, ‘‘Disposition Request.’’ The purpose of this new report is to assist recipients of grants and cooperative agreements when they are required to provide a Federal agency with information related to real property to which the Federal government holds an interest as a result of the real property being acquired, improved or furnished under a Federal financial assistance award, and for real property that was donated to a Federal project in the form of a required match or cost sharing donation. The report establishes a standard format for reporting real property status under financial assistance awards. It does establish an annual reporting date of September 30 to be used if an award does not specify an annual reporting date, unless Federal interest in the real property extends 15 years or longer. To create uniformity of collection and support future electronic submission of information, the standard reporting form will replace any agency unique forms currently in use. Background The GSA, on behalf of the Federal Grants Streamlining Initiative, announced in the Federal Register on November 16, 2007 (72 FR 64646), its intent to issue a new standard report, the Real Property Status Report (SF– XXXX). Public Law 106–107 required the OMB to direct, coordinate, and assist Executive Branch departments and agencies in establishing an interagency process to streamline and simplify Federal financial assistance procedures for non-Federal entities. The law also required executive agencies to develop, submit to the Congress, and implement a plan to achieve streamlined and simplified procedures. Twenty-six Executive Branch agencies jointly submitted a plan to the Congress in May 2001, as the Act required. The plan described the interagency process through which the agencies would review current policies and practices, and seek to streamline and simplify them. The process involved interagency work groups under the auspices of the Grants Management Committee of the Chief Financial Officers Council. The plan also identified substantive areas in which the interagency work groups had begun their review. One of the substantive areas that the agencies identified in the plan was a need to streamline and simplify Federal grant reporting requirements and procedures and associated business processes to reduce unnecessary burdens on recipients and to improve the timeliness, completeness and quality of the information collected. Under the standards for management and disposition of federally owned property, and real property acquired under assistance awards (real property status) in 2 CFR part 215, the ‘‘Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations’’, and the ‘‘Uniform Administrative Requirements for Grants and Agreements With State and Local Governments’’, codified by Federal agencies at 53 FR 8048 (March 11, 1988), recipients may be required to provide Federal agencies with information concerning property in their custody annually, at award closeout or when the property is no longer needed. During the public consultation process mandated by Pub. L. 106–107, recipients suggested the need for clarification of these requirements and the establishment of a standard report to help them submit appropriate property information when required. The Real Property Status Report is to be used in connection with the requirements listed in the table below and Federal awarding agency guidelines: For . . . A recipient must . . . When . . . Federally owned property ................. Submit an inventory listing ............ Annually, with information accurate as of 30 September, unless the award specifies a different date. The property is no longer needed. Upon completion of the award or at the point Federal interest in the property ceases. Immediately upon finding property damaged, or significantly altered. Report the property to the Federal awarding agency. Notify the Federal awarding agency. Request authority to be furnished real property. Request disposition instructions ... mstockstill on PROD1PC66 with NOTICES Real property improved, donated or acquired in whole or in part under an assistance award. Request authority to acquire or improve real property. Request disposition instructions ... Sell the property and reimburse the Federal awarding agency for the Federal share. VerDate Aug<31>2005 17:13 Nov 12, 2008 Jkt 217001 PO 00000 Frm 00061 Fmt 4703 The recipient is authorized, via the assistance award, to request to be furnished real property for the purposes of the project or program. The property is no longer needed. Upon completion of the award or at the point Federal interest in the property ceases. The recipient is authorized, via the assistance award, to request authorization from the awarding agency, during the post award phase, to acquire or improve real property for the purposes of the project or program. The recipient no longer needs the property for any purpose. The recipient is directed to sell the property under guidelines provided by the Federal awarding agency. Sfmt 4703 E:\FR\FM\13NON1.SGM 13NON1 Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / Notices For . . . 67179 A recipient must . . . When . . . Transfer title to the property to the Federal Government or to an eligible third party. Compensate the original Federal awarding agency or its successor. Obtain the approval of the Federal awarding agency. Obtain the approval of the Federal awarding agency. The recipient is directed to transfer title by the Federal awarding agency or its successor. Request release from the obligation to report on real property. mstockstill on PROD1PC66 with NOTICES Discussion of Comments Sixty-eight (68) comments were received in response to the November 16, 2007, Federal Register notice (72 FR 64646) regarding the RPSR. The majority of comments came from Federal agencies. Following the close of the comment period, an interagency team met to review the comments and make appropriate upgrades to the draft report. A summary of the comments and the work group responses are below: Comment 1: The team received 9 comments regarding Attachment B, which was designed to capture recipient disposition requests and requests for acquisition, improvement or furnishing of real property. Agencies that do not allow requests for acquisition, improvement or furnishing in the postaward context expressed concern that the attachment may mislead recipients into believing it would be allowable to make such requests. Response: There was confusion about the purpose of the original Attachment B because it contains both post-award requests and disposition instructions. The team revised the report to separate requests from disposition and created a new Attachment C. If a recipient is not allowed to make post-award requests to acquire, improve or to be furnished real property, Attachment B will be removed from the recipient reporting requirements at the time of award. Comment 2: The team received 1 comment expressing concern that ‘‘Conservation Easement’’ was listed as an Ownership type. Response: As it is not an Ownership type, ‘‘Conservation Easement’’ has been removed as an Ownership type but can be reported in the ‘‘Other’’ category. Comment 3: The team received 1 comment expressing concern that the report did not request information regarding a property’s requirements associated with the National Historic Preservation Act. VerDate Aug<31>2005 17:13 Nov 12, 2008 Jkt 217001 The recipient wants to retain title without further obligation to the Federal Government. Before making capital expenditures for improvements to property that materially increase its value or useful life. The recipient wants to use the real property in other Federally-sponsored projects or programs that have purposes consistent with those authorized for support by the Federal awarding agency when the recipient determines that the property is no longer needed for the purposes of the original project. The Federal interest in the property expires, or the real property has been disposed of in accordance with agency instructions. Response: The report has been updated to include a data request for any National Historic Preservation Act requirements related to the property. Comment 4: The team received 3 comments regarding requests for additional program specific data blocks, such as the inclusion of detailed floor plans. Response: The RPSR is designed for government-wide use. Agencies have the latitude to modify the form, with the OMB’s approval, to require the reporting of additional information based on program need. Comment 5: The team received 3 comments regarding the use of current agency data collection systems and the development of a new electronic solution for real property reporting. Response: OMB has not made a decision regarding the development of a system for collecting real property report information. The data elements used to develop the report were taken from reporting instruments used throughout the Federal government. Agencies will be required to collect the data elements and may use existing agency systems or formats to do so, as long as those collections are consistent with the report. The intent is to issue the report in paper format with the expectation that it will be implemented electronically in the future. Comment 6: The team received 1 comment on the proposed reporting frequency. Response: Agencies will have the option to require reporting on a less than once a year basis not to exceed 5 years, (e.g., on a 2, 3 or up to a 5 year basis) based on program needs. Agencies cannot require reporting more frequently than on a quarterly basis. Comment 7: The team received 3 comments regarding the implementation of the report. Agencies were concerned about whether the form would be used to report on past and current awards. PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 Response: The team plans to require the use of the report for all awards issued after the report is released as final. Agencies can individually determine whether or not to use the report retroactively. Comment 8: The team received 8 comments from agencies questioning the need to collect certain data elements or noting that many agencies already collect information appearing on the report. Response: OMB is requiring the submission of all information appearing on the report so that the Federal Government, as a whole, can better track the vast amounts of real property in which the government holds an interest. Currently information on real property in which the Federal Government holds an interest is not being captured in a standardized manner; and in some cases, is not being captured at all. The RPSR data elements will be the standard elements for reporting on real property once implemented by 2 CFR part 45. The data elements used to develop the report were taken from reporting instruments being used throughout the Federal Government. Agencies will be required to collect the data elements and may use existing agency systems or formats to do so, as long as those collections are consistent with the report. Comment 9: The team received 1 comment concerning potential duplicative burden on recipients who receive funding from multiple agencies. Response: Requesting reports on each funding stream is not duplicative because each agency needs to be able to establish and identify its Federal interest. Comment 10: The team received 5 questions and/or comments concerning who the report applies to, when it is applicable, and the regulatory requirement associated with it. Response: The requirement to use the report will apply to all Federal financial E:\FR\FM\13NON1.SGM 13NON1 67180 Federal Register / Vol. 73, No. 220 / Thursday, November 13, 2008 / Notices assistance programs for awards that establish a Federal interest on real property. Currently, there is no regulatory requirement for real property reporting. The related regulatory requirement is being developed by OMB and will be included in 2 CFR part 45. Comment 11: The team received 2 comments from agencies and grantee organizations concerning whether legislative requirements will take precedence over RPSR reporting requirements. Response: If there is a statutory or regulatory basis for the agency’s requirements, then those requirements take precedence to the report. Comment 12: The team received 1 comment questioning whether ‘‘Federal interest’’ refers to real property and improvements acquired with Federal funds, and whether such interest would continue to the end of any use restrictions. Response: Yes, Federal interest in real property is obtained by virtue of the use of Federal funding to acquire or improve the property and, for real property donated as required cost sharing or matching, unless excluded by statute or award terms. The related award instrument should specify the terms and duration of the Federal interest. Comment 13: The team received 1 comment questioning the need for the Federal Government to impose a reporting requirement extending beyond the grant period on property donated to the Federal Government. Response: The government acquires an interest in the total project, including any property recipients donate to the project as required cost sharing or matching. Through such donation, the government acquires a financial interest in the property, the value of which at any given time is the product of: a. The Federal share of the project costs under the award; and b. The current value of the property. That interest remains until the government releases its interest in the property. Comment 14: The team received 1 comment questioning whether ‘‘Tax Credits’’ are Federal or not. Response: This is a legal question that individual agencies will need to determine. Comment 15: The team received 1 comment questioning whether agencies will need to report on improvements to real property in which the Federal ownership is in question. For example: improvements to real property erected on Indian trust and allotted lands. B. Annual Reporting Burden This report will be used by Federal agencies to collect information related to real property when required by a Federal financial assistance award. Since this report will be used primarily for reporting related to Federal financial assistance awards, we are providing a burden estimate for one respondent. Respondents: Assistance recipients. Estimated Total Annual Burden Hours: 4 (per submission). Estimated Cost: There is no expected cost to the respondents or to OMB. Number of responses per respondent Number of respondents Instrument Response: This is a legal question that should be vetted by agency attorneys. Comment 16: The team received 17 comments concerning the clarity of the instructions. Response: Where necessary, the team revised the instruction language to clarify the type of data requested. Comment 17: The team received 5 comments on the burden estimate for the report. Response: The team reconsidered and revised the burden estimate. Comment 18: The team received 5 general comments not requiring action or a response. Average burden hours per response Total burden hours Real Property Status Report SF–XXXX .......................................... SF–XXXX—Real Property Status Report [Attachment A] ............... SF–XXXX—Real Property Status Report [Attachment B] ............... SF–XXXX—Real Property Status Report [Attachment C] ............... 1 1 1 1 1 1 1 1 0.25 1.50 1.0 1.25 0.25 1.50 1.0 1.25 Total .......................................................................................... ............................ ............................ ............................ 4.0 Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, Washington, DC 20405, telephone (202) 501–4755, or by faxing your request to (202) 501– 4067. Please cite the title, OMB Control No. 3090–XXXX, Real Property Status Report, in all correspondence. Dated: October 17, 2008. Casey Coleman, Chief Information Officer. [FR Doc. E8–26996 Filed 11–12–08; 8:45 am] mstockstill on PROD1PC66 with NOTICES BILLING CODE 6820–RH–P VerDate Aug<31>2005 17:37 Nov 12, 2008 Jkt 217001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day–09–09AD] Proposed Data Collections Submitted for Public Comment and Recommendations In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention (CDC) will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call 404–639–5960 or send comments to CDC Acting Reports PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 Clearance Officer, 1600 Clifton Road, MS–D74, Atlanta, GA 30333 or send an e-mail to omb@cdc.gov. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Written comments should be received within 60 days of this notice. E:\FR\FM\13NON1.SGM 13NON1

Agencies

[Federal Register Volume 73, Number 220 (Thursday, November 13, 2008)]
[Notices]
[Pages 67177-67180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26996]


-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

[OMB Control No. 3090-XXXX]


General Services Administration; Office of Governmentwide Policy; 
Information Collection Standard Form (SF-XXXX), Real Property Status 
Report

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

ACTION: Interim Notice; request for comments regarding a new 
information collection.

-----------------------------------------------------------------------

SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 
(44 U.S.C. Chapter 35), the GSA Office of Governmentwide Policy will 
submit to the Office of Management and Budget (OMB) a request to review 
and approve a new information collection requirement concerning 
reporting real property status. The GSA, on behalf of the Grants Policy 
Committee, proposes to issue a new standard form, the Real Property 
Status Report (RPSR) (SF-XXXX).
    This interim notice is being issued to address comments received as 
a result of the notice published in the Federal Register at 72 FR 64646 
on November 16, 2007, and to present changes made to the report as a 
result of those comments. We anticipate this being the interim notice 
before the form and instructions are finalized.
    The general public and Federal agencies are invited to comment on 
the proposed revised report. To view the

[[Page 67178]]

report and a full list of comments received along with work group 
responses, go to OMB's Web page at http://www.OMB.gov and click on the 
``Grants Management,'' then ``Forms,'' then Proposed Government-Wide 
Standard Grants Reporting Forms links.

DATES: Comment Due Date: January 12, 2009.

FOR FURTHER INFORMATION CONTACT: Michael Nelson, Chair, Post-Award 
Workgroup; telephone 301-713-0833 ext. 199; fax 301-713-0806; e-mail 
Michael.Nelson@noaa.gov; mailing address 1305 East-West Highway, Room 
7142, Silver Spring, MD 20910.

ADDRESSES: Submit comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden, to the Regulatory Secretariat (VPR), General 
Services Administration, Room 4041, 1800 F Street, NW., Washington, DC 
20405.

SUPPLEMENTARY INFORMATION: 

A. Purpose

    The report will be used to collect information related to real 
property when required by a Federal financial assistance award. The SF-
XXXX includes a cover page, attachment A, ``General Reporting'', 
attachment B, ``Request To Acquire, Improve or Furnish'' and attachment 
C, ``Disposition Request.'' The purpose of this new report is to assist 
recipients of grants and cooperative agreements when they are required 
to provide a Federal agency with information related to real property 
to which the Federal government holds an interest as a result of the 
real property being acquired, improved or furnished under a Federal 
financial assistance award, and for real property that was donated to a 
Federal project in the form of a required match or cost sharing 
donation. The report establishes a standard format for reporting real 
property status under financial assistance awards. It does establish an 
annual reporting date of September 30 to be used if an award does not 
specify an annual reporting date, unless Federal interest in the real 
property extends 15 years or longer. To create uniformity of collection 
and support future electronic submission of information, the standard 
reporting form will replace any agency unique forms currently in use.

Background

    The GSA, on behalf of the Federal Grants Streamlining Initiative, 
announced in the Federal Register on November 16, 2007 (72 FR 64646), 
its intent to issue a new standard report, the Real Property Status 
Report (SF-XXXX).
    Public Law 106-107 required the OMB to direct, coordinate, and 
assist Executive Branch departments and agencies in establishing an 
interagency process to streamline and simplify Federal financial 
assistance procedures for non-Federal entities. The law also required 
executive agencies to develop, submit to the Congress, and implement a 
plan to achieve streamlined and simplified procedures.
    Twenty-six Executive Branch agencies jointly submitted a plan to 
the Congress in May 2001, as the Act required. The plan described the 
interagency process through which the agencies would review current 
policies and practices, and seek to streamline and simplify them. The 
process involved interagency work groups under the auspices of the 
Grants Management Committee of the Chief Financial Officers Council. 
The plan also identified substantive areas in which the interagency 
work groups had begun their review.
    One of the substantive areas that the agencies identified in the 
plan was a need to streamline and simplify Federal grant reporting 
requirements and procedures and associated business processes to reduce 
unnecessary burdens on recipients and to improve the timeliness, 
completeness and quality of the information collected.
    Under the standards for management and disposition of federally 
owned property, and real property acquired under assistance awards 
(real property status) in 2 CFR part 215, the ``Uniform Administrative 
Requirements for Grants and Agreements With Institutions of Higher 
Education, Hospitals, and Other Non-Profit Organizations'', and the 
``Uniform Administrative Requirements for Grants and Agreements With 
State and Local Governments'', codified by Federal agencies at 53 FR 
8048 (March 11, 1988), recipients may be required to provide Federal 
agencies with information concerning property in their custody 
annually, at award closeout or when the property is no longer needed.
    During the public consultation process mandated by Pub. L. 106-107, 
recipients suggested the need for clarification of these requirements 
and the establishment of a standard report to help them submit 
appropriate property information when required. The Real Property 
Status Report is to be used in connection with the requirements listed 
in the table below and Federal awarding agency guidelines:

----------------------------------------------------------------------------------------------------------------
             For . . .                  A recipient must . . .                      When . . .
----------------------------------------------------------------------------------------------------------------
Federally owned property...........  Submit an inventory listing  Annually, with information accurate as of 30
                                                                   September, unless the award specifies a
                                                                   different date.
                                     Report the property to the   The property is no longer needed. Upon
                                      Federal awarding agency.     completion of the award or at the point
                                                                   Federal interest in the property ceases.
                                     Notify the Federal awarding  Immediately upon finding property damaged, or
                                      agency.                      significantly altered.
                                     Request authority to be      The recipient is authorized, via the
                                      furnished real property.     assistance award, to request to be furnished
                                                                   real property for the purposes of the project
                                                                   or program.
                                     Request disposition          The property is no longer needed.
                                      instructions.               Upon completion of the award or at the point
                                                                   Federal interest in the property ceases.
Real property improved, donated or   Request authority to         The recipient is authorized, via the
 acquired in whole or in part under   acquire or improve real      assistance award, to request authorization
 an assistance award.                 property.                    from the awarding agency, during the post
                                                                   award phase, to acquire or improve real
                                                                   property for the purposes of the project or
                                                                   program.
                                     Request disposition          The recipient no longer needs the property for
                                      instructions.                any purpose.
                                     Sell the property and        The recipient is directed to sell the property
                                      reimburse the Federal        under guidelines provided by the Federal
                                      awarding agency for the      awarding agency.
                                      Federal share.

[[Page 67179]]

 
                                     Transfer title to the        The recipient is directed to transfer title by
                                      property to the Federal      the Federal awarding agency or its successor.
                                      Government or to an
                                      eligible third party.
                                     Compensate the original      The recipient wants to retain title without
                                      Federal awarding agency or   further obligation to the Federal Government.
                                      its successor.
                                     Obtain the approval of the   Before making capital expenditures for
                                      Federal awarding agency.     improvements to property that materially
                                                                   increase its value or useful life.
                                     Obtain the approval of the   The recipient wants to use the real property
                                      Federal awarding agency.     in other Federally-sponsored projects or
                                                                   programs that have purposes consistent with
                                                                   those authorized for support by the Federal
                                                                   awarding agency when the recipient determines
                                                                   that the property is no longer needed for the
                                                                   purposes of the original project.
                                     Request release from the     The Federal interest in the property expires,
                                      obligation to report on      or the real property has been disposed of in
                                      real property.               accordance with agency instructions.
----------------------------------------------------------------------------------------------------------------

Discussion of Comments

    Sixty-eight (68) comments were received in response to the November 
16, 2007, Federal Register notice (72 FR 64646) regarding the RPSR. The 
majority of comments came from Federal agencies. Following the close of 
the comment period, an interagency team met to review the comments and 
make appropriate upgrades to the draft report. A summary of the 
comments and the work group responses are below:
    Comment 1: The team received 9 comments regarding Attachment B, 
which was designed to capture recipient disposition requests and 
requests for acquisition, improvement or furnishing of real property. 
Agencies that do not allow requests for acquisition, improvement or 
furnishing in the post-award context expressed concern that the 
attachment may mislead recipients into believing it would be allowable 
to make such requests.
    Response: There was confusion about the purpose of the original 
Attachment B because it contains both post-award requests and 
disposition instructions. The team revised the report to separate 
requests from disposition and created a new Attachment C. If a 
recipient is not allowed to make post-award requests to acquire, 
improve or to be furnished real property, Attachment B will be removed 
from the recipient reporting requirements at the time of award.
    Comment 2: The team received 1 comment expressing concern that 
``Conservation Easement'' was listed as an Ownership type.
    Response: As it is not an Ownership type, ``Conservation Easement'' 
has been removed as an Ownership type but can be reported in the 
``Other'' category.
    Comment 3: The team received 1 comment expressing concern that the 
report did not request information regarding a property's requirements 
associated with the National Historic Preservation Act.
    Response: The report has been updated to include a data request for 
any National Historic Preservation Act requirements related to the 
property.
    Comment 4: The team received 3 comments regarding requests for 
additional program specific data blocks, such as the inclusion of 
detailed floor plans.
    Response: The RPSR is designed for government-wide use. Agencies 
have the latitude to modify the form, with the OMB's approval, to 
require the reporting of additional information based on program need.
    Comment 5: The team received 3 comments regarding the use of 
current agency data collection systems and the development of a new 
electronic solution for real property reporting.
    Response: OMB has not made a decision regarding the development of 
a system for collecting real property report information. The data 
elements used to develop the report were taken from reporting 
instruments used throughout the Federal government. Agencies will be 
required to collect the data elements and may use existing agency 
systems or formats to do so, as long as those collections are 
consistent with the report. The intent is to issue the report in paper 
format with the expectation that it will be implemented electronically 
in the future.
    Comment 6: The team received 1 comment on the proposed reporting 
frequency.
    Response: Agencies will have the option to require reporting on a 
less than once a year basis not to exceed 5 years, (e.g., on a 2, 3 or 
up to a 5 year basis) based on program needs. Agencies cannot require 
reporting more frequently than on a quarterly basis.
    Comment 7: The team received 3 comments regarding the 
implementation of the report. Agencies were concerned about whether the 
form would be used to report on past and current awards.
    Response: The team plans to require the use of the report for all 
awards issued after the report is released as final. Agencies can 
individually determine whether or not to use the report retroactively.
    Comment 8: The team received 8 comments from agencies questioning 
the need to collect certain data elements or noting that many agencies 
already collect information appearing on the report.
    Response: OMB is requiring the submission of all information 
appearing on the report so that the Federal Government, as a whole, can 
better track the vast amounts of real property in which the government 
holds an interest. Currently information on real property in which the 
Federal Government holds an interest is not being captured in a 
standardized manner; and in some cases, is not being captured at all.
    The RPSR data elements will be the standard elements for reporting 
on real property once implemented by 2 CFR part 45. The data elements 
used to develop the report were taken from reporting instruments being 
used throughout the Federal Government. Agencies will be required to 
collect the data elements and may use existing agency systems or 
formats to do so, as long as those collections are consistent with the 
report.
    Comment 9: The team received 1 comment concerning potential 
duplicative burden on recipients who receive funding from multiple 
agencies.
    Response: Requesting reports on each funding stream is not 
duplicative because each agency needs to be able to establish and 
identify its Federal interest.
    Comment 10: The team received 5 questions and/or comments 
concerning who the report applies to, when it is applicable, and the 
regulatory requirement associated with it.
    Response: The requirement to use the report will apply to all 
Federal financial

[[Page 67180]]

assistance programs for awards that establish a Federal interest on 
real property. Currently, there is no regulatory requirement for real 
property reporting. The related regulatory requirement is being 
developed by OMB and will be included in 2 CFR part 45.
    Comment 11: The team received 2 comments from agencies and grantee 
organizations concerning whether legislative requirements will take 
precedence over RPSR reporting requirements.
    Response: If there is a statutory or regulatory basis for the 
agency's requirements, then those requirements take precedence to the 
report.
    Comment 12: The team received 1 comment questioning whether 
``Federal interest'' refers to real property and improvements acquired 
with Federal funds, and whether such interest would continue to the end 
of any use restrictions.
    Response: Yes, Federal interest in real property is obtained by 
virtue of the use of Federal funding to acquire or improve the property 
and, for real property donated as required cost sharing or matching, 
unless excluded by statute or award terms. The related award instrument 
should specify the terms and duration of the Federal interest.
    Comment 13: The team received 1 comment questioning the need for 
the Federal Government to impose a reporting requirement extending 
beyond the grant period on property donated to the Federal Government.
    Response: The government acquires an interest in the total project, 
including any property recipients donate to the project as required 
cost sharing or matching. Through such donation, the government 
acquires a financial interest in the property, the value of which at 
any given time is the product of:
    a. The Federal share of the project costs under the award; and
    b. The current value of the property.
    That interest remains until the government releases its interest in 
the property.
    Comment 14: The team received 1 comment questioning whether ``Tax 
Credits'' are Federal or not.
    Response: This is a legal question that individual agencies will 
need to determine.
    Comment 15: The team received 1 comment questioning whether 
agencies will need to report on improvements to real property in which 
the Federal ownership is in question. For example: improvements to real 
property erected on Indian trust and allotted lands.
    Response: This is a legal question that should be vetted by agency 
attorneys.
    Comment 16: The team received 17 comments concerning the clarity of 
the instructions.
    Response: Where necessary, the team revised the instruction 
language to clarify the type of data requested.
    Comment 17: The team received 5 comments on the burden estimate for 
the report.
    Response: The team reconsidered and revised the burden estimate.
    Comment 18: The team received 5 general comments not requiring 
action or a response.

B. Annual Reporting Burden

    This report will be used by Federal agencies to collect information 
related to real property when required by a Federal financial 
assistance award. Since this report will be used primarily for 
reporting related to Federal financial assistance awards, we are 
providing a burden estimate for one respondent.
    Respondents: Assistance recipients.
    Estimated Total Annual Burden Hours: 4 (per submission).
    Estimated Cost: There is no expected cost to the respondents or to 
OMB.

----------------------------------------------------------------------------------------------------------------
                                                                Number of      Average burden
               Instrument                     Number of       responses per       hours per       Total burden
                                             respondents       respondent         response            hours
----------------------------------------------------------------------------------------------------------------
Real Property Status Report SF-XXXX.....                 1                 1              0.25              0.25
SF-XXXX--Real Property Status Report                     1                 1              1.50              1.50
 [Attachment A].........................
SF-XXXX--Real Property Status Report                     1                 1               1.0               1.0
 [Attachment B].........................
SF-XXXX--Real Property Status Report                     1                 1              1.25              1.25
 [Attachment C].........................
                                         -----------------------------------------------------------------------
    Total...............................  ................  ................  ................               4.0
----------------------------------------------------------------------------------------------------------------

    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 
4041, Washington, DC 20405, telephone (202) 501-4755, or by faxing your 
request to (202) 501-4067. Please cite the title, OMB Control No. 3090-
XXXX, Real Property Status Report, in all correspondence.

    Dated: October 17, 2008.
Casey Coleman,
Chief Information Officer.
[FR Doc. E8-26996 Filed 11-12-08; 8:45 am]
BILLING CODE 6820-RH-P