[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9110-9112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5301]



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GENERAL SERVICES ADMINISTRATION

41 CFR Part 101-17

RIN 3090-AF90


Assignment and Utilization of Space

AGENCY: Public Buildings Service, General Services Administration.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule begins the process of replacing Part 101-17 
of the Federal Property Management Regulations (FPMR). Policy and 
procedures regarding the assignment and utilization of space have been 
provided by a series of temporary regulations since 1982, the most 
current being FPMR Temporary Regulation D-76 which went into effect on 
August 26, 1991. This interim rule repeals the outdated and superseded 
permanent FPMR Part 101-17 and provides new guidance concerning the 
location of Federal facilities in urban areas.

DATES: This interim rule is effective March 7, 1996. Comments should be 
submitted on or before April 8, 1996. This interim rule shall expire on 
March 7, 1997.

ADDRESS: Comments should be submitted to the General Services 
Administration, Public Buildings Service, Office of Commercial Broker 
(PE), Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT:
Hilary Peoples, Assistant Commissioner, Office of Commercial Broker, at 
(202) 501-1025.

SUPPLEMENTARY INFORMATION: The purpose of this interim rule is to 
provide new, permanent FPMR guidance regarding the location of Federal 
facilities in urban areas.
    On August 16, 1978, President Carter issued Executive Order 12072, 
which directs Federal agencies to give first consideration to 
centralized community business areas when filling federal space needs 
in urban areas. The objective of the Executive Order is that Federal 
facilities and Federal use of space in urban areas serve to strengthen 
the nation's cities and make them attractive places to live and to 
work. This regulation serves to reaffirm this Administration's 
commitment to Executive Order 12072 and its goals.

[[Page 9111]]

    The General Services Administration (GSA) has determined that this 
rule is not a significant regulatory action for the purposes of 
Executive Order 12866.
    This rule is not expected to have a significant economic impact on 
a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act. (5 U.S.C. 601, et seq.). An initial 
regulatory flexibility analysis has therefore not been performed.
    The Paperwork Reduction Act does not apply to this action because 
the proposed changes to the Federal Property Management Regulations do 
not impose reporting, recordkeeping or information collection 
requirements which require the approval of the Office of Management and 
Budget pursuant to 44 U.S.C. 3501, et seq.

List of Subjects in 41 CFR Part 101-17

    Administrative practices and procedures, Federal buildings and 
facilities, Government real property management.

    Authority: Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c)

    In 41 CFR Chapter 101, the following Interim Rule D-1 is added to 
the appendix at the end of Subchapter D to read as follows:

Federal Property Management Regulations Interim Rule

To: Heads of Federal Agencies
Subject: Assignment and Utilization of Space

    1. Purpose. This interim rule begins the process of replacing 
Part 101-17 of the Federal Property Management Regulations (FPMR). 
Policy and procedures regarding the assignment and utilization of 
space have been provided by a series of temporary regulations since 
1982, the most current being FPMR Temporary Regulation D-76 which 
went into effect on August 26, 1991. This interim rule repeals the 
outdated and superseded permanent FPMR Part 101-17 and provides new 
guidance concerning the location of Federal facilities in urban 
areas.
    2. Effective date. This interim rule is effective March 7, 1996. 
Comments should be submitted on or before April 8, 1996.
    3. Expiration date. March 7, 1997.
    4. Comments: Comments should be submitted to the General 
Services Administration, Public Buildings Service, Office of 
Commercial Broker (PE), Washington, DC 20405.
    5. Effect on other directives. This interim rule amends 41 CFR 
Part 101-17 by deleting all subparts and sections in their entirety 
and by adding a new Sec. 101-17.205 entitled ``Location of Space.''

    Dated: December 21, 1995.
Thurman M. Davis,
Acting Administrator of General Services.
``Subchapter D--Public Buildings and Space

PART 101-17--ASSIGNMENT AND UTILIZATION OF SPACE


Sec. 101-17.205  Location of space.

    (a) Each Federal 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. Specifically, under the Rural 
Development Act of 1972, as amended, 42 U.S.C. Sec. 3122, agencies 
are required to give first priority to the location of new offices 
and other facilities in rural areas. When agency mission and program 
requirements call for location in an urban area, agencies must 
comply with Executive Order 12072, August 16, 1978, 3 CFR, 1979 
Comp., p. 213, which requires that first consideration be given to 
central business areas (CBAs) and other designated areas. The agency 
shall submit to GSA a written statement explaining the basis for the 
delineated area.
    (b) GSA shall survey agencies' mission, housing, and location 
requirements in a community and include these considerations in 
community-based policies and plans. These plans shall provide for 
the location of federally-owned and leased facilities, and other 
interests in real property including purchases, at locations which 
represent the best overall value to the Government consistent with 
agency requirements.
    (c) Whenever practicable and cost-effective, GSA will 
consolidate elements of the same agency or multiple agencies in 
order to achieve the economic and programmatic benefits of 
consolidation.
    (d)(1) GSA will consult with local officials and other 
appropriate Government officials and consider their recommendations 
for, and review of, general areas of possible space or site 
acquisition. GSA will advise local officials of the availability of 
data on GSA plans and programs, and will agree upon the exchange of 
planning information with local officials. GSA will consult with 
local officials to identify CBAs.
    (2) With respect to an agency's request for space in an urban 
area, GSA shall provide appropriate Federal, State, regional, and 
local officials such notice as will keep them reasonably informed 
about GSA's proposed space action. For all proposed space actions 
with delineated areas either partially or wholly outside the CBA, 
GSA shall consult with such officials by providing them with written 
notice, by affording them a proper opportunity to respond, and by 
considering all recommendations for and objections to the proposed 
space action. All contacts with such officials relating to proposed 
space actions must be appropriately documented in the official 
procurement file.
    (e) GSA is responsible for reviewing an agency's delineated area 
to confirm that, where appropriate, there is maximum use of existing 
Government-controlled space and that established boundaries provide 
competition when acquiring leased space.
    (f) In satisfying agency requirements in an urban area, GSA will 
review an agency requested delineated area to ensure that the area 
is within the CBA. If the delineated area requested is outside the 
CBA, in whole or part, an agency must provide written justification 
to GSA setting forth facts and considerations sufficient to 
demonstrate that first consideration has been given to the CBA and 
to support the determination that the agency program function(s) 
involved cannot be efficiently performed within the CBA.
    (g) Agency justifications for locating outside CBAs must 
address, at a minimum, the efficient performance of the missions and 
programs of the agencies, the nature and function of the facilities 
involved, the convenience of the public served, and the maintenance 
and improvement of safe and healthful working conditions for 
employees.
    (h) GSA is responsible for approving the final delineated area. 
As the procuring agency, GSA must conduct all acquisitions in 
accordance with the requirements of all applicable laws, 
regulations, and Executive orders. GSA will review the identified 
delineated area to confirm its compliance with all applicable laws, 
regulations, and Executive orders, including the Rural Development 
Act of 1972, as amended, the Competition in Contracting Act, as 
amended, 41 U.S.C. Sec. 252-266, and Executive Order 12072.
    (i) Executive Order 12072 provides that ``space assignments 
shall take into account the management needs for consolidation of 
agencies or activities in common or adjacent space in order to 
improve administration and management and effect economies.'' 
Justifications that rely on consolidation or adjacency requirements 
will be carefully reviewed for legitimacy.
    (j) Executive Order 12072 directs the Administrator of General 
Services to ``[e]nsure, in cooperation with the heads of Executive 
agencies, that their essential space requirements are met in a 
manner that is economically feasible and prudent.'' Justifications 
that rely on budget or other fiscal restraints for locating outside 
the CBA will be carefully reviewed for legitimacy.
    (k) Justifications based on executive or personnel preferences 
or other matters which do not have a material and significant 
adverse impact on the efficient performance of agency program 
functions are not acceptable.
    (l) In accordance with the Competition in Contracting Act, GSA 
may consider whether restricting the delineated area to the CBA will 
provide for competition when acquiring leased space. Where it is 
determined that an acquisition should not be restricted to the CBA, 
GSA may expand the delineated area in consultation with the 
requesting agency and local officials. The CBA must continue to be 
included in such an expanded area.
    (m) If, based on its review of an agency's requested delineated 
area, GSA concludes that changes are appropriate, GSA will discuss 
its recommended changes with the requesting agency. If after 
discussions the requesting agency does not agree with GSA's

[[Page 9112]]

delineated area recommendation, the agency may take the steps 
described in this section. If an agency elects to request a review 
of the GSA's delineated area recommendation, GSA will continue to 
work on the requirements development and other activities related to 
the requesting agency's space request. GSA will not issue a 
solicitation to satisfy an agency's space request until all 
requested reviews have been resolved.
    (1) For space actions of less than 25,000 square feet, an agency 
may request a review of GSA's delineated area recommendation by 
submitting a written request to the responsible Assistant Regional 
Administrator for the Public Buildings Service. The request for 
review must state all facts and other considerations and must 
justify the requesting agency's proposed delineated area in light of 
Executive Order 12072 and other applicable statutes, regulations, 
and policies. The Assistant Regional Administrator will issue a 
decision within fifteen (15) working days. The decision of the 
Assistant Regional Administrator will be final and conclusive.
    (2) For space actions of 25,000 square feet or greater, a 
requesting agency may request a review of GSA's delineated area 
recommendation by submitting a written request to the Commissioner 
of the Public Buildings Service that the matter be referred to an 
interagency council for decision. The interagency council will be 
established specifically to consider the appeal and will be 
comprised of the Administrator of General Services or his/her 
designee, the Secretary of Housing and Urban Development, or his/her 
designee, and such other Federal official(s) as the Administrator 
may appoint.
    (n) The presence of the Federal Government in the National 
Capital Region (NCR) is such that the distribution of Federal 
installations will continue to be a major influence in the extent 
and character of development. These policies shall be applied in the 
GSA National Capital Region, in conjunction with regional policies 
established by the National Capital Planning Commission and 
consistent with the general purposes of the National Capital 
Planning Act of 1959 (66 Stat. 781), as amended. These policies 
shall guide the development of strategic plans for the housing of 
Federal agencies within the National Capital Region.
    (o) Consistent with the policies cited in paragraphs (a), (b), 
(c) and (e) of this section, the use of buildings of historic 
architectural, or cultural significance within the meaning of 
section 105 of the Public Buildings Cooperative Use Act of 1976 (90 
Stat. 2505) will be considered as alternative sources for meeting 
Federal space needs.
    (p) As used in Sec. 101-17.205, the following terms have the 
following meanings:
    (1) ``CBA'' means the centralized community business area and 
adjacent areas of similar character, including other specific areas 
which may be recommended by local officials in accordance with 
Executive order 12072.
    (2) ``Delineated area'' means the specific boundaries within 
which space will be obtained to satisfy an agency space requirement.
    (3) ``Rural area'' means any area that (i) is within a city or 
town if the city or town has a population of less than 10,000 or 
(ii) is not within the outer boundaries of a city or town if the 
city or town has a population of 50,000 or more and if the adjacent 
urbanized and urbanizing areas have a population density of more 
than 100 per square mile.
    (4) ``Urban area'' means any Metropolitan Area (MA) as defined 
by the Office of Management and Budget (OMB) and any non-MA that 
meets one of the following criteria:
    (i) A geographical area within the jurisdiction of any 
incorporated city, town, borough, village, or other unit of general 
local government, except county or parish, having a population of 
10,000 or more inhabitants.'
    (ii) That portion of the geographical area within the 
jurisdiction of any county, town, township, or similar governmental 
entity which contains no incorporated unit of general local 
government, but has a population density equal to or exceeding 1,500 
inhabitants per square mile; or
    (iii) That portion of any geographical area having a population 
density equal to or exceeding 1,500 inhabitants per square mile and 
situated adjacent to the boundary of any incorporated unit of 
general local government which has a population of 10,000 or more 
inhabitants. (Reference: Intergovernmental Cooperation Act of 1968, 
40 U.S.C. Sec. 535.)

[FR Doc. 96-5301 Filed 3-6-96; 8:45 am]
BILLING CODE 6820-33-M