[Code of Federal Regulations]
[Title 3, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 3CFR13327]
EO 13327
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land (including lands withdrawn for military purposes) or land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:
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(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
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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 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
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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 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,
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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.
George W. Bush
The White House,
February 4, 2004.
Executive Order 13328 of February 6, 2004