licenses or leases to non-Federal entities to the extent authorized by law. (For vacant property determined excess to agency needs, refer to part 10275, Real Property Disposal.) § 102-79.55 Is there a general hierarchy of consideration that agencies must follow in their utilization of space? Yes, Federal agencies must (a) First utilize space in Governmentowned and Government-leased buildings; and (b) If there is no suitable space in Government-owned and Governmentleased buildings, utilize space in buildings under the custody and control of the U.S. Postal Service; and (c) If there is no suitable space in buildings under the custody and control of the U.S. Postal Service, agencies may acquire real estate by lease, purchase, or construction, as specified in part 102-73 of this chapter. § 102-79.60 Are agencies required to use historic properties available to the agency? Yes, Federal agencies must assume responsibility for the preservation of the historic properties they own or control. Prior to acquiring, constructing or leasing buildings, agencies must use, to the maximum extent feasible, historic properties already owned or leased by the agency (16 U.S.C. 470h2). OUTLEASING § 102-79.65 May Executive agencies outlease space on major public access levels, courtyards and rooftops of public buildings? Yes. Authority to execute such outleases may be delegated by the Administrator based on authorities provided by the Public Buildings Cooperative Use Act (40 U.S.C. §581(h)), the proceeds of which are to be deposited into GSA's Federal Buildings Fund. Using such authority, Executive agencies, upon approval from GSA, may (a) Enter into leases of space on major public access levels, courtyards and rooftops of any public building with persons, firms, or organizations engaged in commercial, cultural, edu cational, or recreational activities (as defined in 40 U.S.C. 3306); (b) Establish rental rates for such leased space equivalent to the prevailing commercial rate for comparable space devoted to a similar purpose in the vicinity of the building; and (c) Use leases that contain terms and conditions that the Administrator deems necessary to promote competition and protect the public interest. SITING ANTENNAS ON FEDERAL PROPERTY § 102-79.70 May Executive agencies assess fees against other Executive agencies for antenna placements and supporting services? Yes. Executive agencies, upon approval from GSA, may assess fees for placement of antennas and supporting services against other agencies (that own these antennas) under 40 U.S.C. 586(c) and 40 U.S.C. 121(e). Unless a differing rate has been approved by the Administrator, such fees or charges must approximate commercial charges for comparable space and services (i.e., market rates). The proceeds from such charges or fees must be credited to the appropriation or fund initially charged for providing the space or services. Any amounts in excess of actual operating and maintenance costs must be credited to miscellaneous receipts unless otherwise provided by law. The charges or fees assessed by the Administrator for the placement of antennas and supporting services in GSA-controlled space are generally credited to GSA's Federal Buildings Fund. § 102-79.75 May Executive agencies assess fees for antenna placements against public service organizations for antenna site outleases on major pedestrian access levels, courtyards, and rooftops of public buildings? Yes. Executive agencies in GSA-controlled space, upon approval from GSA, may assess fees for antenna placements against public service organizations under 40 U.S.C. 581(h) and 40 U.S.C. 121(e). Such fees or rental rates must be equivalent to the prevailing commercial rate for comparable space devoted to commercial antenna placements in the vicinity of the public building and the proceeds from such charges or fees must be credited to GSA's Federal Buildings Fund. § 102-79.80 May Executive agencies assess fees for antenna placements against telecommunication service providers for antenna site outleases on major pedestrian access levels, courtyards, and rooftops of public buildings? Yes. GSA, or other Executive agencies, upon approval from GSA, may charge fees based on market value to telecommunication service providers for antenna placements in public buildings. Market value should be equivalent to the prevailing commercial rate for comparable space for commercial antenna placements in the vicinity of the public building. Such fees must be credited to GSA's Federal Buildings Fund. § 102-79.85 What policy must Executive agencies follow concerning the placement of commercial antennas on Federal property? Executive agencies will make antenna sites available on a fair, reasonable, and nondiscriminatory basis. Collocation of antennas should be encouraged where there are multiple antenna siting requests for the same location. In cases where this is not feasible and space availability precludes accommodating all antenna siting applicants, competitive procedures may be used. This should be done in accordance with applicable Federal, State and local laws and regulations, and consistent with national security concerns. In making antenna sites available, agencies must avoid electromagnetic intermodulations and interferences. To the maximum extent practicable, when placing antennas for the provision of telecommunication services to the Federal Government, agencies should use redundant and physically separate entry points into the building and physically diverse local network facilities in accordance with guidance issued by the Office of Management and Budget. § 102-79.90 What criteria must Executive agencies consider when evaluating antenna siting requests? When evaluating antenna siting requests, Executive agencies must consider issues such as (a) Public health and safety with respect to the antenna installation and maintenance; (b) Aesthetics; (c) Effects on historic districts, sites, buildings, monuments, structures, or other objects pursuant to the National Historic Preservation Act of 1966, as amended, and implementing regulations; (d) Protection of natural and cultural resources (e.g., National Parks and Wilderness areas, National Wildlife Refuge systems); (e) Compliance with the appropriate level of review and documentation as necessary under the National Environmental Policy Act of 1969, as amended, and implementing regulations of each Federal department and agency responsible for the antenna siting project, and the Federal Aviation Administration, the National Telecommunications and Information Administration, and other relevant departments and agencies; (f) Compliance with the Federal Communications Commission's (FCC) guidelines for radiofrequency exposure, ET Docket No. 93-62, entitled "Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation,' issued August 1, 1996, and any other order on reconsideration relating to radiofrequency guidelines and their enforcement. These are updated guidelines for meeting health concerns that reflect the latest scientific knowledge in this area, and are supported by Federal health and safety agencies such as the Environmental Protection Agency and the Food and Drug Administration; and (g) Any requirements of the Federal agency managing the facility, FCC, Federal Aviation Administration, National Telecommunications and Information Administration, and other relevant departments and agencies. To the maximum extent practicable, when placing antennas for the provision of telecommunication services to the Federal Government, agencies should 208-174 D-10 use redundant and physically separate entry points into the building and physically diverse local network facilities in accordance with guidance issued by the Office of Management and Budget. In addition, the National Capital Planning Commission should be consulted for siting requests within the Washington, D.C. metropolitan area. § 102-79.95 Who is responsible for the costs associated with providing access to antenna sites? The telecommunications service provider is responsible for any reasonable costs to Federal agencies associated with providing access to antenna sites, including obtaining appropriate clearance of provider personnel for access to buildings or land deemed to be security sensitive as is done with service contractor personnel. OMB Circular A-25, entitled "User Charges," revised July 8, 1993, provides guidelines that agencies should use to assess fees for Government services and for the sale or use of Government property or resources. For antenna sites on non-GSA property, see also the Department of Commerce Report on "Improving Rights-of-Way Management Across Federal Lands: A Roadmap for Greater Broadband Deployment" (April 2004) beginning at page 26. Under 40 U.S.C. 1314, GSA is covered in granting easements and permits to support the installation of antennas and cabling across raw land in support of constructing new and improving existing telecommunication infrastructures provided that such installation does not negatively impact on the Government. § 102-79.100 What must Federal agencies do with antenna siting fees that they collect? The account into which an antenna siting fee is to be deposited depends on the authority under which the antenna site is made available and the fee assessed. For GSA-controlled property outleased under 40 U.S.C. 581(h) or section 412 of Division H of public law 108447, the fee is to be deposited into GSA's Federal Building Fund. For surplus property outleased under 40 U.S.C. 543, the fee is to be deposited in accordance with the provisions of Subchapter IV of Chapter 5 of Subtitle I of Title 40 of the United States Code. For siting fees collected under other statutory authorities, the fees might be deposited into miscellaneous receipts, an account of the landholding agency, or as otherwise provided by law. Federal agencies should consult with their agency's legal advisors before depositing antenna proceed from sites on agencycontrolled Federal property. INTEGRATED WORKPLACE § 102-79.105 What is the Integrated Workplace? The Integrated Workplace, developed by the GSA Office of Governmentwide Policy, is a comprehensive, multidisciplinary approach to developing workspace and work strategies that best support an organization's strategic business goals and work processes, and have the flexibility to accommodate the changing needs of the occupants and the organization. Integrated Workplace concepts support the objectives of Executive Order 13327, "Federal Real Property Asset Management," which calls for the enhancement of Federal agency productivity through an improved working environment. Work § 102-79.110 What Integrated place policy must Federal agencies strive to promote? Federal agencies must strive to design work places that (a) Are developed using sustainable development concepts (see § 102–76.55); (b) Align with the organization's mission and strategic plan; (c) Serve the needs and work practices of the occupants; (d) Can be quickly and inexpensively adjusted by the user to maximize his or her productivity and satisfaction; (e) Are comfortable, efficient, and technologically advanced and allow people to accomplish their work in the most efficient way; (f) Meet the office's needs and can justify its cost through the benefits gained; (g) Are developed with an integrated building systems approach; (h) Are based on a life cycle cost analysis that considers both facility and human capital costs over a substantial time period; and LEAD 102-80.30 What are Federal agencies' responsibilities concerning lead? HAZARDOUS MATERIALS AND WASTES 102-80.35 What are Federal agencies' responsibilities concerning the monitoring of hazardous materials and wastes? UNDERGROUND STORAGE TANKS 102-80.40 What are Federal agencies' responsibilities concerning the management of underground storage tanks? SEISMIC SAFETY 102-80.45 What are Federal agencies' responsibilities concerning seismic safety in Federal facilities? RISKS AND RISK REDUCTION STRATEGIES 102-80.50 Are Federal agencies responsible for identifying/estimating risks and for appropriate risk reduction strategies? 102-80.55 Are Federal agencies responsible for managing the execution of risk reduction projects? FACILITY ASSESSMENTS 102-80.60 Are Federal agencies responsible for performing facility assessments? INCIDENT INVESTIGATION 102-80.65 What are Federal agencies' responsibilities concerning the investigation of incidents, such as fires, accidents, injuries, and environmental incidents? RESPONSIBILITY FOR INFORMING TENANTS 102-80.70 Are Federal agencies responsible for informing their tenants of the condition and management of their facility safety and environment? ASSESSMENT OF ENVIRONMENTAL ISSUES 102-80.75 Who assesses environmental issues in Federal construction and lease construction projects? Subpart C-Accident and Fire Prevention 102-80.80 With what general accident and fire prevention policy must Federal agencies comply? STATE AND LOCAL CODES 102-80.85 Are Federally owned and leased buildings exempt from State and local code requirements in fire protection? FIRE ADMINISTRATION AUTHORIZATION ACT OF 1992 102-80.90 Is the Fire Administration Authorization Act of 1992 (Pub. L. 102-522) relevant to fire protection engineering? § 102-80.10 What are the basic safety and environmental management policies for real property? The basic safety and environmental management policies for real property are that Federal agencies must (a) Provide for a safe and healthful work environment for Federal employees and the visiting public; (b) Protect Federal real and personal property; (c) Promote mission continuity; (d) Provide reasonable safeguards for emergency forces if an incident occurs; (e) Assess risk; (f) Make decision makers aware of risks; and (g) Act promptly and appropriately in response to risk. Subpart B-Safety and Environmental Management ASBESTOS § 102-80.15 What are Federal agencies' responsibilities concerning the assessment and management of asbestos? Federal agencies have the following responsibilities concerning the assessment and management of asbestos: (a) Inspect and assess buildings for the presence and condition of asbestoscontaining materials. Space to be leased must be free of all asbestos containing materials, except undamaged asbestos flooring in the space or undamaged boiler or pipe insulation outside the space, in which case an asbestos management program conforming to U.S. Environmental Protection Agency (EPA) guidance must be implemented. (b) Manage in-place asbestos that is in good condition and not likely to be disturbed. (c) Abate damaged asbestos and asbestos likely to be disturbed. Federal agencies must perform a pre-alteration asbestos assessment for activities that may disturb asbestos. (d) Not use asbestos in new construction, renovation/modernization or repair of their owned or leased space. Unless approved by GSA, Federal agencies must not obtain space with asbestos through purchase, exchange, transfer, |