[Federal Register Volume 66, Number 213 (Friday, November 2, 2001)]
[Rules and Regulations]
[Pages 55593-55595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27609]
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GENERAL SERVICES ADMINISTRATION
41 CFR Parts 101-3 and 102-84
[FPMR Interim Rule A-1]
RIN 3090-AG55
Annual Real Property Inventories
AGENCY: Office of Governmentwide Policy, GSA.
ACTION: Interim rule.
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SUMMARY: The General Services Administration (GSA) is revising the
Federal Property Management Regulations (FPMR) by moving coverage on
the annual real property inventories into the Federal Management
Regulation (FMR). A cross-reference is added to the FPMR to direct
readers to the coverage in the FMR. The FMR coverage is written in
plain language to provide agencies with updated regulatory material
that is easy to read and understand.
DATES: Effective Date: November 2, 2001.
Comment Date: Your comments must reach us by January 2, 2002 to be
considered in the formulation of a final rule.
ADDRESSES: Send written comments to Mr. Michael E. Hopkins, Regulatory
Secretariat (MVP), Acquisition Policy Division, General Services
Administration, 1800 F Street, NW., Washington, DC 20405.
Send e-mail comments to [email protected].
FOR FURTHER INFORMATION CONTACT: Stanley C. Langfeld, Director, Real
Property Policy Division, (202) 501-1737.
SUPPLEMENTARY INFORMATION:
A. Background
In furtherance of its leadership role in real property asset
management, the Office of Governmentwide Policy, Office of Real
Property, conducted a comprehensive review of the policies contained in
Federal Property Management Regulations (FPMR) Part 101-3, entitled
``Annual Real Property Inventories.'' This review was based on a
collaborative effort with Federal real property holding agencies that
utilize the Worldwide Inventory of Federal Real Property.
Representatives from the Department of the Interior, the Department
of Energy, and the Army Corps of Engineers participated with GSA in
conducting the initial steps of the comprehensive review of the
policies in FPMR part 101-3. The review focused on improvements to make
the real property inventory program more useful and to enable Federal
agencies to more effectively manage their real property inventories. In
addition, we have rewritten these regulations in plain language format.
These regulations are being transferred from the FPMR to the FMR to
enable the Government to better focus on implementing statutory
requirements, Executive Orders, and governmentwide policies rather than
on detailed operating procedures.
B. Executive Order 12866
GSA has determined that this interim rule is not a significant
regulatory action for the purposes of Executive Order 12866 of
September 30, 1993.
C. Regulatory Flexibility Act
This interim rule is not required to be published in the Federal
Register for notice and comment; therefore, the Regulatory Flexibility
Act does not apply.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this interim
rule does not impose recordkeeping or information collection
requirements, or the collection of information from offerors,
contractors, or members of the public that require the approval of the
Office of Management and Budget (OMB) under 44 U.S.C. 3501, et seq.
E. Small Business Regulatory Enforcement Fairness Act
This interim rule is also exempt from Congressional review
prescribed under 5 U.S.C. 801 since it relates solely to agency
management and personnel.
[[Page 55594]]
F. Determination To Issue an Interim Rule
This interim rule is not required to be published for notice and
comment under the Administrative Procedures Act because it relates
solely to agency management and personnel; therefore, GSA could issue
the rule as a final rule. However, GSA would like to receive comments
about this action before publishing it as a final rule. An interim rule
provides two benefits. First, it gives agencies a chance to comment on
aspects of the revised coverage in the FMR. Second, agencies will be
able to use the new FMR coverage to respond to the Fiscal Year 2002
data call for real property inventories.
List of Subjects in 41 CFR Parts 101-3 and 102-84
Federal buildings and facilities, Government property management.
For the reasons set forth in the preamble, 41 CFR chapters 101 and
102 are amended as follows:
CHAPTER 101--[AMENDED]
1. Part 101-3 is revised to read as follows:
PART 101-3--ANNUAL REAL PROPERTY INVENTORIES
Authority: 40 U.S.C. 486(c).
Sec. 101-3.000 Cross-reference to the Federal Management Regulation
(FMR) (41 CFR chapter 102, parts 102-1 through 102-220).
For information on annual real property inventories previously
contained in this part, see FMR part 84 (41 CFR part 102-84).
CHAPTER 102--[AMENDED]
2. Part 102-84 is added to Subchapter C to read as follows:
PART 102-84--ANNUAL REAL PROPERTY INVENTORIES
Sec.
102-84.5 What is the scope of this part?
102-84.10 What is the purpose of the Annual Real Property Inventory
Program?
102-84.15 Why must I provide information for the Annual Real
Property Inventory?
102-84.20 Where should I obtain information to be reported for the
Annual Real Property Inventory?
102-84.25 Is it necessary for my agency to designate an official to
serve as the point of contact for the real property inventories?
102-84.30 Is it necessary for my agency to certify the accuracy of
its real property inventory submission?
102-84.35 Which agencies must submit a report for inclusion in the
Annual Real Property Inventory?
102-84.40 What types of real property must I report for the Annual
Real Property Inventory?
102-84.45 What types of real property must not be reported for the
Annual Real Property Inventory?
102-84.50 Can the GSA Form 1166 be used to report information?
102-84.55 When are the Annual Real Property Inventory reports due?
Authority: 40 U.S.C. 486(c).
Sec. 102-84.5 What is the scope of this part?
GSA's policies contained in this part apply to all Federal
agencies. This part prescribes guidance that you must follow in
preparing and submitting annual real property inventory information for
real property owned by and leased to the United States. The detailed
guidance implementing these policies is contained in separate customer
guides issued by the GSA Office of Governmentwide Policy.
Sec. 102-84.10 What is the purpose of the Annual Real Property
Inventory Program?
The purpose of the Annual Real Property Inventory program is to:
(a) Maintain a centralized source of information on Federal real
property holdings;
(b) Track space utilization of reporting agencies;
(c) Provide support for consolidated Federal financial statements
on real property assets; and
(d) Establish a reference for answering inquiries from the
Congress, the press, trade associations, educational institutions,
Federal, State and local government agencies, and the general public.
Sec. 102-84.15 Why must I provide information for the Annual Real
Property Inventory?
You must provide information for the Annual Real Property Inventory
because:
(a) The Senate Committee on Appropriations requests that the
Government maintain an Annual Real Property Inventory.
(b) Executive Order 12411, Government Work Space Management
Reforms, dated March 29, 1983 (3 CFR, 1983 Comp., p. 155), requires
that Executive agencies:
(1) Produce and maintain a total inventory of work space and
related furnishings and declare excess to the Administrator of General
Services all such holdings that are not necessary to satisfy existing
or known and verified planned programs; and
(2) Establish information systems, implement inventory controls and
conduct surveys, in accordance with procedures established by the
Administrator of General Services, so that a governmentwide reporting
system may be developed.
Sec. 102-84.20 Where should I obtain information to be reported for
the Annual Real Property Inventory?
You should obtain data reported for the Annual Real Property
Inventory from the most accurate real property and accounting records
maintained by your agency, preferably the same accounting records used
to support your agency's financial statements.
Sec. 102-84.25 Is it necessary for my agency to designate an official
to serve as the point of contact for the real property inventories?
Yes, you must designate an official to serve as your agency's point
of contact for the Annual Real Property Inventories. We recommend that
you designate the same point of contact for the Federally-owned and
leased real property inventory, although separate points of contact are
permitted. You must advise the General Services Administration, Office
of Governmentwide Policy, Office of Real Property (MP), 1800 F Street,
NW., Washington, DC 20405, in writing, of the name(s) of these
representative(s) and any subsequent changes. Each agency's point of
contact for the real property inventories can be found at http://worldwide.gsa.gov.
Sec. 102-84.30 Is it necessary for my agency to certify the accuracy
of its real property inventory submission?
Yes, your agency's highest ranking real property official must
certify the accuracy of the real property information submitted to GSA.
Sec. 102-84.35 Which agencies must submit a report for inclusion in
the Annual Real Property Inventory?
Each agency that carries real property on its financial statement
as of September 30 each year has the responsibility for submitting the
real property inventory information. Information provided in these
reports related to asset values must be consistent with agency records
used for financial reporting in accordance with standards issued by the
Federal Accounting Standards Advisory Board (FASAB). For purposes of
this part, this requirement shall apply regardless of the method used
to acquire the property or which agency is currently using or occupying
the property.
Sec. 102-84.40 What types of real property must I report for the
Annual Real Property Inventory?
You must report for the Annual Real Property Inventory all land,
buildings, and other structures and facilities
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owned by the United States (including wholly-owned Federal Government
corporations) throughout the world and all real property leased by the
United States from private individuals, organizations, and municipal,
county, State, and foreign governments. These reports must include all
real property that a Federal agency carries on its financial statement
and/or in documentation accompanying the financial statement, such as:
(a) Unreserved public domain lands;
(b) Public domain lands reserved for national forests, national
parks, military installations, or other purposes;
(c) Real property acquired by purchase, construction, donation,
eminent domain proceedings, or any other method;
(d) Real property in which the Government has a long-term interest
considered by the reporting agency as being equivalent to ownership.
This would include land acquired by treaty or long-term lease (e.g.,
99-year lease), and that your agency considers equivalent to Federally-
owned land;
(e) Buildings or other structures and facilities owned by or leased
to the Government whether or not located on Government-owned land;
(f) Excess and surplus real property;
(g) Real property held in trust by the Federal Government;
(h) Leased real property (including leased land, leased buildings,
leased other structures and facilities, or combination thereof); and
(i) Real property leased rent free or for a nominal rental rate if
the real property is considered significant by the reporting agency.
Sec. 102-84.45 What types of real property must not be reported for
the Annual Real Property Inventory?
You must not report real property that is not carried on your
agency's financial statements, such as:
(a) Properties acquired through foreclosure, confiscation, or
seizure to be liquidated in settlement of a claim or debt to the
Federal Government;
(b) Rights-of-way or easements granted to the Federal Government;
and
(c) Lands administered by the United States under trusteeship by
authority of the United Nations.
Sec. 102-84.50 Can the GSA Form 1166 be used to report information?
No, GSA Form 1166 may not be used to report information. Agencies
must submit information in an electronic format. For more information
on format requirements, contact GSA's Office of Governmentwide Policy,
Office of Real Property (MP), 1800 F Street NW., Washington, DC 20405,
by telephone at (202) 501-0856, or e-mail at [email protected].
Sec. 102-84.55 When are the Annual Real Property Inventory reports
due?
You must prepare the Annual Real Property Inventory information
prescribed in Sec. 102-84.50 as of the last day of each fiscal year.
This information is due to the General Services Administration, Office
of Governmentwide Policy, Office of Real Property (MP), 1800 F Street,
NW., Washington, DC 20405, no later than November 15 of each year.
Dated: October 25, 2001.
Stephen A. Perry,
Administrator of General Services.
[FR Doc. 01-27609 Filed 11-1-01; 8:45 am]
BILLING CODE 6820-23-P