[Federal Register Volume 85, Number 187 (Friday, September 25, 2020)]
[Rules and Regulations]
[Pages 60383-60385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20453]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-77

[FMR Case 2020-102-1; Docket No. GSA-FMR-2020-0015; Sequence No. 1]
RIN 3090-AK30


Federal Management Regulation (FMR); Art In Architecture

AGENCY: Office of Government-wide Policy (OGP), General Services 
Administration (GSA).

ACTION: Final rule.

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SUMMARY: GSA is issuing a final rule amending the Federal Management 
Regulation (FMR) to update the Art in Architecture program provisions. 
This final rule provides clarification to the policies that support the 
efforts to collect, manage, fund, and commission fine art in Federal 
buildings, and fulfills the requirements in the Executive Order issued 
July 3, 2020, titled ``Building and Rebuilding Monuments to American 
Heroes.''

DATES: Effective: September 25, 2020.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Chris Coneeney, Director, Real Property Policy Division, Office of 
Government-wide Policy, at 202-208-2956 or [email protected]. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat Division at 202-501-4755 or [email protected]. 
Please cite FMR Case 2020-102-1.

SUPPLEMENTARY INFORMATION:

I. Background

    GSA is issuing a final rule to amend part 102-77 pursuant to 
Executive Order (E.O.) 13934: ``Building and Rebuilding Monuments to 
American Heroes'' (available at https://www.federalregister.gov/documents/2020/07/08/2020-14872/building-and-rebuilding-monuments-to-american-heroes), issued July 3, 2020, by President Donald Trump. 
Subsection 4(d) of E.O. 13934 requires GSA, in consultation with the 
Interagency Task Force for Building and Rebuilding Monuments to 
American Heroes (Task Force), to revise its Art in Architecture program 
regulations ``to prioritize the commission of works of art that portray 
historically significant Americans or events of American historical 
significance or illustrate the ideals upon which our Nation was 
founded. Priority should be given to public-facing monuments to former 
Presidents of the United States and to individuals and events relating 
to the discovery of America, the founding of the United States, and the 
abolition of slavery. Such works of art should be designed to be 
appreciated by the general public and by those who use and interact 
with Federal buildings.''
    Subsection 4(c) of the order also directed GSA, to the extent 
appropriate and consistent with applicable law, to prioritize projects 
that will result in the installation of a publicly accessible statue of 
historically significant Americans in communities where a statue 
depicting a historically significant American was removed or destroyed 
in 2020.
    Furthermore, subsection 4(e) of the order requires that, ``When a 
statue or work of art commissioned pursuant to this section is meant to 
depict a historically significant American, the statue or work of art 
shall be a lifelike or realistic representation of that person, not an 
abstract or modernist representation.''

II. Discussion of Final Rule

    This final rule corrects the title of part 102-77 to ``Art in 
Architecture''. GSA has not used the hyphens for more than 15 years, 
including in publications,

[[Page 60384]]

online and in correspondence. The change reflects this usage.
    Section 102-77.21 is added to meet the requirement in subsection 
4(d) of E.O. 13934 that GSA revise its Art in Architecture program 
regulations ``to prioritize the commission of works of art that portray 
historically significant Americans or events of American historical 
significance or illustrate the ideals upon which our Nation was 
founded. Priority should be given to public-facing monuments to former 
Presidents of the United States and to individuals and events relating 
to the discovery of America, the founding of the United States, and the 
abolition of slavery. Such works of art should be designed to be 
appreciated by the general public and by those who use and interact 
with Federal buildings.''
    Section 102-77.21 also meets the requirement in subsection 4(b) of 
E.O. 13934 that GSA, to the extent appropriate and consistent with 
applicable law, shall give priority to the commissioning of statues or 
monuments involving the commissioning of publicly accessible statues of 
the Founding Fathers, former Presidents of the United States, leading 
abolitionists, and individuals involved in the discovery of America.
    Section 102-77.21 also incorporates the requirement of subsection 
4(c) of E.O. 13934 that GSA ``to the extent appropriate and consistent 
with applicable law, prioritize projects that will result in the 
installation of a statue'' of a historically significant American ``in 
a community where a statue depicting a historically significant 
American was removed or destroyed'' in 2020.
    Section 102-77.22 is added to meet the requirement in subsection 
4(e) of E.O. 13934 that, ``When a statue or work of art commissioned 
pursuant to this section is meant to depict a historically significant 
American, the statue or work of art shall be a lifelike or realistic 
representation of that person, not an abstract or modernist 
representation.''
    Section 102-77.23 is added to incorporate the E.O. 13934 definition 
of a historically significant American.

III. Executive Orders 12866 and 13563

    E.O.s 12866 and 13563 direct agencies to assess all costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, distributive impacts, and equity). E.O. 13563 emphasizes the 
importance of quantifying both costs and benefits, of reducing costs, 
of harmonizing rules, and of promoting flexibility. This is not a 
significant regulatory action and, therefore, was not subject to review 
under subsection 6(b) of E.O. 12866, Regulatory Planning and Review, 
dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 
804.

IV. Executive Order 13771

    This final rule is not subject to the requirements of E.O. 13771 
(82 FR 9339, February 3, 2017) because this rule is not a significant 
regulatory action under E.O. 12866.

V. Regulatory Flexibility Act

    This final rule will not 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. This final rule is 
also exempt from the Administrative Procedure Act pursuant to 5 U.S.C. 
553(a)(2) because it applies to agency management or personnel or to 
public property, loans, grants, benefits, or contracts.

VI. Paperwork Reduction Act

    This final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 41 CFR Part 102-77

    Federal buildings and facilities; Government property management; 
Rates and fares.

Emily W. Murphy,
Administrator of General Services.
    For the reasons set forth in the Preamble, GSA revises 41 CFR part 
102-77 to read as follows:

PART 102-77--ART IN ARCHITECTURE

Subpart A--General Provisions
Sec.
102-77.5 What is the scope of this part?
102-77.10 What basic Art in Architecture policy governs Federal 
agencies?
Subpart B--Art in Architecture
102-77.15 Who funds the Art in Architecture efforts?
102-77.20 With whom should Federal agencies collaborate when 
commissioning and selecting art for Federal buildings?
102-77.21 Is priority given to certain types of works of art when 
commissioning and selecting art for Federal buildings?
102-77.22 Are there certain style requirements for statues or works 
of art that are commissioned to portray historically significant 
Americans?
102-77.23 Who is considered a historically significant American 
under this part?
102-77.25 Do Federal agencies have responsibilities to provide 
national visibility for Art in Architecture?

    Authority: 40 U.S.C. 121 and 3306; E.O. 13934.

Subpart A--General Provisions


Sec.  102-77.5  What is the scope of this part?

    The real property policies contained in this part apply to Federal 
agencies, including GSA's Public Buildings Service, operating under, or 
subject to, the authorities of the Administrator of General Services.


Sec.  102-77.10  What basic Art in Architecture policy governs Federal 
agencies?

    Federal agencies must incorporate fine arts as an integral part of 
the total building concept when designing new Federal buildings and 
when making substantial repairs and alterations to existing Federal 
buildings, as appropriate. The selected fine arts, including painting, 
sculpture and artistic work in other media, must reflect the national 
cultural heritage and emphasize the work of living American artists.

Subpart B--Art in Architecture


Sec.  102-77.15  Who funds the Art in Architecture efforts?

    To the extent not prohibited by law, Federal agencies must fund the 
Art in Architecture efforts by allocating a portion of the estimated 
cost of constructing or purchasing new Federal buildings or of 
completing major repairs and alterations of existing buildings. Funding 
for qualifying projects, including new construction, building 
purchases, other building acquisitions, or prospectus-level repair and 
alteration projects, must be in a range determined by the Administrator 
of General Services.


Sec.  102-77.20  With whom should Federal agencies collaborate when 
commissioning and selecting art for Federal buildings?

    To the maximum extent practicable, Federal agencies should seek the 
support and involvement of local citizens in selecting appropriate 
artwork. Subject to sections 102-77.21 through 102-77.23 of this part, 
Federal agencies should collaborate with the artist and community to 
produce works of art that reflect the cultural, intellectual and 
historic interests and values of a community. In addition, and subject 
to sections 102-77.21 through 102-77.23, Federal agencies should work 
collaboratively with the architect of the building and art 
professionals

[[Page 60385]]

when commissioning and selecting art for Federal buildings.


Sec.  102-77.21  Is priority given to certain types of works of art 
when commissioning and selecting art for Federal buildings?

    (a) When commissioning works of art, priority must be given to 
those works that portray historically significant Americans or events 
of American historical significance, or illustrate the ideals upon 
which our Nation was founded. Particular priority should be given to 
public-facing statues of or monuments to former Presidents of the 
United States and to individuals and events relating to the discovery 
of America, the founding of the United States and the abolition of 
slavery or others who contributed positively to America's history.
    (b) To the extent appropriate and consistent with applicable law, 
GSA shall prioritize projects that will result in the installation of a 
statue in a community where a statue depicting a historically 
significant American was removed or destroyed in 2020. All works of art 
commissioned under the Art in Architecture program should be designed 
to be appreciated by the general public and by those who use and 
interact with Federal buildings.


Sec.  102-77.22  Are there certain style requirements for statues or 
works of art that are commissioned to portray historically significant 
Americans?

    Yes. When a commissioned statue or work of art is meant to depict a 
historically significant American, the statue or work of art must be a 
lifelike or realistic representation of that person, not an abstract or 
modernist representation.


102-77.23  Who is considered a historically significant American under 
this part?

    As used in this part, the term ``historically significant 
American'' means an individual who was, or became, an American citizen 
and was a public figure who made substantive contributions to America's 
public life or otherwise had a substantive effect on America's history. 
The phrase also includes public figures such as Christopher Columbus, 
Junipero Serra, and the Marquis de La Fayette, who lived prior to or 
during the American Revolution and were not American citizens, but who 
made substantive historical contributions to the discovery, 
development, or independence of the future United States.


102-77.25  Do Federal agencies have responsibilities to provide 
national visibility for Art in Architecture?

    Yes. Federal agencies should provide Art in Architecture that 
receives appropriate national and local visibility to facilitate 
participation by a large and diverse group of artists representing a 
wide variety of types of artwork.

[FR Doc. 2020-20453 Filed 9-24-20; 8:45 am]
BILLING CODE 6820-14-P