[Federal Register Volume 69, Number 25 (Friday, February 6, 2004)]
[Presidential Documents]
[Pages 5897-5900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2773]



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Part II





The President





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Executive Order 13327--Federal Real Property Asset Management
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  Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 5897]]

                Executive Order 13327 of February 4, 2004

                
Federal Real Property Asset Management

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including section 121(a) of title 40, United 
                States Code, and in order to promote the efficient and 
                economical use of Federal real property resources in 
                accordance with their value as national assets and in 
                the best interests of the Nation, it is hereby ordered 
                as follows:

                Section 1. Policy. It is the policy of the United 
                States to promote the efficient and economical use of 
                America's real property assets and to assure management 
                accountability for implementing Federal real property 
                management reforms. Based on this policy, executive 
                branch departments and agencies shall recognize the 
                importance of real property resources through increased 
                management attention, the establishment of clear goals 
                and objectives, improved policies and levels of 
                accountability, and other appropriate action.

                Sec. 2. Definition and Scope. (a) For the purpose of 
                this executive order, Federal real property is defined 
                as any real property owned, leased, or otherwise 
                managed by the Federal Government, both within and 
                outside the United States, and improvements on Federal 
                lands. For the purpose of this order, Federal real 
                property shall exclude: interests in real property 
                assets that have been disposed of for public benefit 
                purposes pursuant to section 484 of title 40, United 
                States Code, and are now held in private ownership; 
                land easements or rights-of-way held by the Federal 
                Government; 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; land held in trust or 
                restricted fee status for individual Indians or Indian 
                tribes; and land and interests in land that are 
                withheld from the scope of this order by agency heads 
                for reasons of national security, foreign policy, or 
                public safety.

                    (b) This order shall not be interpreted to 
                supersede any existing authority under law or by 
                executive order for real property asset management, 
                with the exception of the revocation of Executive Order 
                12512 of April 29, 1985, in section 8 of this order.

                Sec. 3. Establishment and Responsibilities of Agency 
                Senior Real Property Officer. (a) The heads of all 
                executive branch departments and agencies cited in 
                sections 901(b)(1) and (b)(2) of title 31, United 
                States Code, and the Secretary of Homeland Security, 
                shall designate among their senior management 
                officials, a Senior Real Property Officer. Such officer 
                shall have the education, training, and experience 
                required to administer the necessary functions of the 
                position for the particular agency.

                    (b) The Senior Real Property Officer shall develop 
                and implement an agency asset management planning 
                process that meets the form, content, and other 
                requirements established by the Federal Real Property 
                Council established in section 4 of this order. The 
                initial agency asset management plan will be submitted 
                to the Office of Management and Budget on a date 
                determined by the Director of the Office of Management 
                and Budget. In developing this plan, the Senior Real 
                Property Officer shall:

[[Page 5898]]

(i)

 identify and categorize all real property owned, leased, or otherwise 
managed by the agency, including, where applicable, those properties 
outside the United States in which the lease agreements and arrangements 
reflect the host country currency or involve alternative lease plans or 
rental agreements;

(ii)

 prioritize actions to be taken to improve the operational and financial 
management of the agency's real property inventory;

(iii)

 make life-cycle cost estimations associated with the prioritized actions;

(iv)

 identify legislative authorities that are required to address these 
priorities;

(v)

 identify and pursue goals, with appropriate deadlines, consistent with and 
supportive of the agency's asset management plan and measure progress 
against such goals;

(vi)

 incorporate planning and management requirements for historic property 
under Executive Order 13287 of March 3, 2003, and for environmental 
management under Executive Order 13148 of April 21, 2000; and

(vii)

 identify any other information and pursue any other actions necessary to 
the appropriate development and implementation of the agency asset 
management plan.

                    (c) The Senior Real Property Officer shall be 
                responsible, on an ongoing basis, for monitoring the 
                real property assets of the agency so that agency 
                assets are managed in a manner that is:

(i)

 consistent with, and supportive of, the goals and objectives set forth in 
the agency's overall strategic plan under section 306 of title 5, United 
States Code;

(ii)

 consistent with the real property asset management principles developed by 
the Federal Real Property Council established in section 4 of this order; 
and

(iii)

 reflected in the agency asset management plan.

                    (d) The Senior Real Property Officer shall, on an 
                annual basis, provide to the Director of the Office of 
                Management and Budget and the Administrator of General 
                Services:

(i)

 information that lists and describes real property assets under the 
jurisdiction, custody, or control of that agency, except for classified 
information; and

(ii)

 any other relevant information the Director of the Office of Management 
and Budget or the Administrator of General Services may request for 
inclusion in the Government-wide listing of all Federal real property 
assets and leased property.

                    (e) The designation of the Senior Real Property 
                Officer shall be made by agencies within 30 days after 
                the date of this order.

                Sec. 4. Establishment of a Federal Real Property 
                Council. (a) A Federal Real Property Council (Council) 
                is established, within the Office of Management and 
                Budget for administrative purposes, to develop guidance 
                for, and facilitate the success of, each agency's asset 
                management plan. The Council shall be composed 
                exclusively of all agency Senior Real Property 
                Officers, the Controller of the Office of Management 
                and Budget, the Administrator of General Services, and 
                any other full-time or permanent part-time Federal 
                officials or employees as deemed necessary by the 
                Chairman of the Council. The Deputy Director for 
                Management of the Office of Management and Budget shall 
                also be a member and shall chair the Council. The 
                Office of Management and Budget shall provide funding 
                and administrative support for the Council, as 
                appropriate.

                    (b) The Council shall provide a venue for assisting 
                the Senior Real Property Officers in the development 
                and implementation of the agency asset management 
                plans. The Council shall work with the Administrator of 
                General Services to establish appropriate performance 
                measures to determine the effectiveness of Federal real 
                property management. Such performance measures shall 
                include, but are not limited to, evaluating the costs 
                and benefits

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                involved with acquiring, repairing, maintaining, 
                operating, managing, and disposing of Federal real 
                properties at particular agencies. Specifically, the 
                Council shall consider, as appropriate, the following 
                performance measures:

(i)

 life-cycle cost estimations associated with the agency's prioritized 
actions;

(ii)

 the costs relating to the acquisition of real property assets by purchase, 
condemnation, exchange, lease, or otherwise;

(iii)

 the cost and time required to dispose of Federal real property assets and 
the financial recovery of the Federal investment resulting from the 
disposal;

(iv)

 the operating, maintenance, and security costs at Federal properties, 
including but not limited to the costs of utility services at unoccupied 
properties;

(v)

 the environmental costs associated with ownership of property, including 
the costs of environmental restoration and compliance activities;

(vi)

 changes in the amounts of vacant Federal space;

(vii)

 the realization of equity value in Federal real property assets;

(viii)

 opportunities for cooperative arrangements with the commercial real estate 
community; and

(ix)

 the enhancement of Federal agency productivity through an improved working 
environment. The performance measures shall be designed to enable the heads 
of executive branch agencies to track progress in the achievement of 
Government-wide property management objectives, as well as allow for 
comparing the performance of executive branch agencies against industry and 
other public sector agencies.

                    (c) The Council shall serve as a clearinghouse for 
                executive agencies for best practices in evaluating 
                actual progress in the implementation of real property 
                enhancements. The Council shall also work in 
                conjunction with the President's Management Council to 
                assist the efforts of the Senior Real Property 
                Officials and the implementation of agency asset 
                management plans.
                    (d) The Council shall be organized and hold its 
                first meeting within 60 days of the date of this order. 
                The Council shall hold meetings not less often than 
                once a quarter each fiscal year.

                Sec. 5. Role of the General Services Administration. 
                (a) The Administrator of General Services shall, to the 
                extent permitted by law and in consultation with the 
                Federal Real Property Council, provide policy oversight 
                and guidance for executive agencies for Federal real 
                property management; manage selected properties for an 
                agency at the request of that agency and with the 
                consent of the Administrator; delegate operational 
                responsibilities to an agency where the Administrator 
                determines it will promote efficiency and economy, and 
                where the receiving agency has demonstrated the ability 
                and willingness to assume such responsibilities; and 
                provide necessary leadership in the development and 
                maintenance of needed property management information 
                systems.

                    (b) The Administrator of General Services shall 
                publish common performance measures and standards 
                adopted by the Council.
                    (c) The Administrator of General Services, in 
                consultation with the Federal Real Property Council, 
                shall 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 Administrator shall collect from each 
                executive branch 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.
                    (d) The Administrator of General Services, in 
                consultation with the Federal Real Property Council, 
                may establish data and other information technology 
                (IT) standards for use by Federal agencies in 
                developing or upgrading Federal

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                agency real property information systems in order to 
                facilitate reporting on a uniform basis. Those agencies 
                with particular IT standards and systems in place and 
                in use shall be allowed to continue with such use to 
                the extent that they are compatible with the standards 
                issued by the Administrator.

                Sec. 6. General Provisions. (a) The Director of the 
                Office of Management and Budget shall review, through 
                the management and budget review processes, the efforts 
                of departments and agencies in implementing their asset 
                management plans and achieving the Government-wide 
                property management policies established pursuant to 
                this order.

                    (b) The Office of Management and Budget and the 
                General Services Administration shall, in consultation 
                with the landholding agencies, develop legislative 
                initiatives that seek to improve Federal real property 
                management through the adoption of appropriate industry 
                management techniques and the establishment of 
                managerial accountability for implementing effective 
                and efficient real property management practices.
                    (c) Nothing in this order shall be construed to 
                impair or otherwise affect the authority of the 
                Director of the Office of Management and Budget with 
                respect to budget, administrative, or legislative 
                proposals.
                    (d) Nothing in this order shall be construed to 
                affect real property for the use of the President, Vice 
                President, or, for protective purposes, the United 
                States Secret Service.

                Sec. 7. Public Lands. In order to ensure that Federally 
                owned lands, other than the real property covered by 
                this order, are managed in the most effective and 
                economic manner, the Departments of Agriculture and the 
                Interior shall take such steps as are appropriate to 
                improve their management of public lands and National 
                Forest System lands and shall develop appropriate 
                legislative proposals necessary to facilitate that 
                result.

                Sec. 8. Executive Order 12512 of April 29, 1985, is 
                hereby revoked.

                Sec. 9. Judicial Review. This order is intended only to 
                improve the internal management of the executive branch 
                and is not intended to, and does not, create any right 
                or benefit, substantive or procedural, enforceable at 
                law or in equity, against the United States, its 
                departments, agencies, or other entities, its officers 
                or employees, or any other person.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    February 4, 2004.

[FR Doc. 04-2773
Filed 2-5-04; 9:19 am]
Billing code 3195-01-P