41 CFR § 102-83.10 - What are the governing authorities for this part?
The authorities for this regulation are as follows:
(a) Rural Development Act of 1972, as amended (7 U.S.C. 2204b-1), requires executive agencies to give first priority to locating in rural areas.
(b) Federal Urban Land Use Act of 1949, as amended (40 U.S.C. 901-905), requires GSA and other Federal agencies to consult and engage with the unit of general local government exercising zoning and land use jurisdiction. To the greatest extent possible, GSA must coordinate Federal projects with local planning agencies to be in accordance with zoning, land use practices and planning and development objectives.
(c) Competition in Contracting Act of 1984, as amended, (41 U.S.C. 3301 et seq.) (CICA), requires executive agencies to consider whether the delineated area will provide for adequate competition when acquiring leased space.
(d) 40 U.S.C. 113(d) authorizes the Administrator to provide space to the Senate, the House of Representatives, and the Architect of the Capitol upon their request.
(e) 40 U.S.C. 121(c) authorizes the Administrator to issue regulations that the Administrator considers necessary to carry out the Administrator's functions under subtitle I of title 40 of the United States Code.
(f) National Historic Preservation Act of 1966, as amended, 54 U.S.C. 300101 et seq., encourages, among other things, the public and private preservation and utilization of all usable elements of the Nation's historic built environment.
(g) 40 U.S.C. 584 authorizes the Administrator to assign and reassign space for an executive agency in any Federal Government-owned or leased building.
(h) 40 U.S.C. 581(c)(1) authorizes the Administrator to acquire, by purchase, condemnation or otherwise, real estate and interests in real estate.
(i) 40 U.S.C. 585 authorizes the Administrator to enter into a lease agreement for the accommodation of a federal agency in a building or improvement that is in existence or being erected by the lessor to accommodate the federal agency, and to assign and reassign the leased space to a federal agency.
(j) Section 1 of Reorganization Plan No. 18 of 1950, 15 FR 3177, 64 Stat. 1270 (40 U.S.C. 301 note), which, with certain exceptions, transferred all function with respect to acquiring space in buildings by lease, and all functions with respect to assigning and reassigning space in buildings for use by agencies (including both space acquired by lease and space in Government-owned buildings) to the Administrator.
(k) 28 U.S.C. 462(f) authorizes the Administrator to provide space to the judicial branch upon request from the Director of the Administrative Office of the United States Court.
(l) E.O. 12072 encourages Federal agencies to locate and use real estate in ways that serve to strengthen the Nation's cities and make them attractive places to live and work, conserve existing urban resources, and encourage the development and redevelopment of cities. Toward this end, the E.O. requires executive agencies to give first consideration to centralized community business areas and other areas recommended by local officials as possible locations for Federal facilities when locating in urban areas.
(m) E.O. 13006 requires that, when operationally appropriate and economically prudent, and subject to the RDA and E.O. 12072, when locating Federal facilities, Federal agencies must give first consideration to historic properties within historic districts. If no such property is suitable, then Federal agencies must consider other developed or undeveloped sites within historic districts. Federal agencies must then consider historic properties outside of historic districts, if no suitable site within a district exists.