[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]
[[Page 5895]]
-----------------------------------------------------------------------
Part II
The President
-----------------------------------------------------------------------
Executive Order 13327--Federal Real Property Asset Management
Presidential Documents
Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 /
Presidential Documents
___________________________________________________________________
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withdrawn for military purposes) or land reserved or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
[[Page 5899]]
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
[[Page 5900]]
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