| NODIS Library | Program Management(8000s) | Search |

NASA Ball NASA
Procedural
Requirements
NPR 8800.15C
Effective Date: October 30, 2014
Expiration Date: October 30, 2020
COMPLIANCE IS MANDATORY
Printable Format (PDF)

(NASA Only)

Subject: Real Estate Management Program w/Change 1, February 24, 2015

Responsible Office: Facilities Engineering and Real Property Division


| TOC | ChangeHistory | Preface | Chapter1 | Chapter2 | Chapter3 | Chapter4 | Chapter5 | Chapter6 | Chapter7 | Chapter8 | AppendixA | AppendixB | AppendixC | AppendixD | AppendixE | AppendixF | AppendixG | ALL |

Chapter 6. Out-Grants of NASA Real Property

6.1 Introduction

6.1.1 This chapter details the various means by which NASA can enter into out-grants, which are real estate agreements granting the use of NASA real property to another party. It discusses requirements and processes for Centers to obtain Headquarters' approval to enter into real estate agreements, including Space Act Agreements (SAAs) and Public-Private/Public-Public Ventures (PPVs), such as Enhanced Use Leases (EULs), Commercial Space Launch Act Agreements, and Commercial Antenna Siting Agreements.

6.1.2 Out-grants include all nonpermanent granting of the use of NASA real property to others by means of lease (or any other form of acceptable legal instrument that recognizes NASA as the landlord and the lessee as the tenant), permit, easement, right-of-way, license, SAA, and agreement, such as Memorandum of Understanding (MOU), Memorandum of Agreement (MOA), and concessionaire agreement.

6.1.3 Given its leadership in research in the Federal Government and ownership of unique scientific facilities, NASA often enters into out-grants with other Federal agencies and other entities. Centers should consider an out-grant agreement for assets that are less than fully utilized, but that support a current or future NASA mission requirement. If the underutilized asset does not have a mission focus in support of current or known future NASA mission requirements, the Center should consider disposal of the asset. NASA's mission is defined in NPD 1001.0.

6.1.4 All use of NASA real property assets by others shall be covered by an out-grant agreement. For agreements with other Government entities, 48 CFR 17.502รข?"2 The Economy Act (31 U.S.C. 1535) authorizes agencies to obtain supplies or services by interagency acquisition when in the best interest of the Government and not as conveniently or economically obtained by contracting directly with a private source.

6.1.5 An out-grant of underutilized NASA real property to another Federal agency has the potential to reduce NASA's operating costs, as well as save the other agency the costs of acquiring real property through other means, such as new construction or leasing. Additionally, the agreement with another Federal agency can leverage the asset to be more productive by maximizing its use and efficiency. Thus, Centers shall give priority consideration to other Federal agencies when seeking to out-grant assets due to the benefits these agreements provide to the Federal Government. FRED will work with GSA and other entities to assist Centers in identifying potential Federal tenants.

6.1.6 FRED reviews and approves proposed out-grants, business cases, and supporting documents and facilitates concurrence of other Headquarters offices.

6.1.7 Centers shall coordinate with FRED and seek concurrence on all agreements and supporting documents containing transfer of rights for NASA real property. At the request of FRED, other Headquarters offices may review out-grant submissions relating to their areas of expertise and may confer with their Center counterparts to obtain complete information.

6.1.8 NASA Centers, their Component Facilities, and JPL (an FFRDC) shall obtain all required approvals from their Headquarters program offices and the affected Center's organizations before submitting out-grants to the Director, FRED, for approval. The Center Director or designee ensures that Center stakeholders who are affected by an agreement have the opportunity to review and modify business cases and draft agreements, if necessary, to prevent any negative impact on their core mission.

6.1.9 In addition to FRED requirements, the Mission Support Directorate (MSD) has requirements for review of SAAs under which NASA property may be used. MSD coordinates review and approval by the appropriate Headquarters offices of all SAA abstracts.

6.1.10 In establishing the term of the agreement, Centers shall comply with state law and conform to good business practice. It is understood that the term needs to be sufficient for the tenant to realize a fair return on their capital investment. The term will be a significant factor in the life-cycle cost analysis of the out-grant. Agreement terms greater than 50 years will raise the question of the need to retain the asset.

6.1.11 Requirement for Notice of Availability

6.1.11.1 For all out-grant agreements with nongovernment entities NASA's intent is to ensure fairness to all parties and best value to the Government. These objectives shall be met through the use of competition. Centers shall ensure that the opportunity is made available to the widest possible competitive market. This may be accomplished through public announcements, such as Fed Biz Ops or other federally authorized advertising methods. Centers may request a policy waiver if they believe that competition is not appropriate.

6.1.11.2 Centers shall consult with their Office of Procurement and with FRED to develop the most appropriate marketing and selection strategy for each out-grant opportunity. The strategy will include advertising method(s) and selection criteria.

6.1.12 When the draft out-grant agreement is sent to FRED for review and approval, a copy of the notice of availability and a list of respondents will be included.

6.2 Environmental, Historic, and Sustainability Considerations

6.2.1 Environmental Procedures

6.2.1.1 Before any out-grant agreement can be approved, the Center Environmental Office shall complete a sustainability review for compliance with the Federal guiding principles established by Executive Order 13423, including the Federal Guiding Principles.

6.2.1.2 The Center Environmental Office shall also complete an Environmental Baseline Survey (EBS) when determined appropriate by the Center to establish the baseline environmental condition of the property in the out-grant.

6.2.1.3 When the property is returned to NASA, a second EBS shall be performed and compared with the original EBS to determine whether any environmental contamination occurred during the out-grant term.

6.2.2 National Environmental Policy Act Process

6.2.2.1 The NEPA process involves the systematic examination of the possible and probable environmental consequences of implementing the proposed privatization of the NASA property. The NEPA procedures and responsibilities can be found in NPR 8580.

6.2.2.2 The NEPA process does not replace other procedural or substantive environmental requirements (e.g., NHPA or Endangered Species Act compliance).

6.2.2.3 To be effective, the NEPA process is integrated into project planning at the earliest possible time.

6.2.3 Historic Procedures

6.2.3.1 Out-grants may be proposed for NASA real property that is listed on the National Register of Historic Properties. Section 470h-3 of the NHPA authorizes a Federal agency to out-grant such historic real property and retain the proceeds for two fiscal years to defray the costs of the Agency's historic preservation efforts. The Center Historic Preservation Officer shall ensure that out-grants involving property of a historic nature comply with the requirements of Section 106 of the NHPA prior to approval.

6.2.3.2 Section 106 of the NHPA provides guidance on working with the State Historic Preservation Office (SHPO) and/or the Advisory Council on Historic Preservation (ACHP) to determine whether there will be adverse effects on historic properties as a result of the out-grant and what mitigation measures are appropriate.

6.2.3.3 Out-grants shall include language protecting the integrity of the historic attributes of the property.

6.3 Out-Grant Procedural Requirements

6.3.1 Submission of an Out-Grant Proposal

6.3.1.1 Any out-grant agreement that includes the use of Agency real property for a period greater than five years, with or without renewal options, shall be submitted to FRED for review and approval. Any out-grant agreement for less than five years may be approved by Center stakeholders and does not require approval by FRED.

6.3.1.2 Real estate agreements for out-grants shall be executed by the Center Director only after review and approval by FRED. In cases where authority to enter into an out-grant has been granted to a Center, FRED, should be consulted prior to executing real estate agreements. See 14 CFR 1204.504 for more information.

6.3.1.3 When developing an out-grant agreement, the Center Director designates in writing the Center official, if it is not the RPAO, who is responsible for developing and negotiating the agreement for the Center. This person may be the SAA manager assigned in accordance with NPD 1050.1 and will ensure that the RPAO reviews and approves the agreement.

6.3.1.4 The RPAO or other NASA official specifically designated by the Center Director supports bringing out-grants to completion by managing the documentation and plan for proposals and submitting the out-grant proposal to FRED. The designated official also coordinates with the Center personal property officer to ensure proper management and possible disposition of personal property related to the asset to be used in the out-grant.

6.3.1.5 Prior to developing all out-grant agreements, the RPAO or other official designated by the Center Director shall provide written notification of the Center's intent to develop out-grant agreements to FRED. The purpose of this notification is to initiate a dialogue. It is not the formal request for review and approval.

6.3.1.6 FRED provides written comments and guidance based on the Center's notification.

6.3.1.7 For SAAs only, the RPAO or other official designated by the Center Director shall submit through SAAM an abstract of the proposed out-grant to MSD for concurrence and send a copy to the Director, FRED, when the abstract is sent to MSD or when the agreement is submitted for review, whichever occurs first.

6.3.1.8 SAA abstracts submitted to MSD will include key information of proposed out-grant activities in accordance with MSD requirements and comply with the latest guidance contained in Chapter 1.3 of the NASA Advisory Implementing Instruction (NAII 1050-1), Space Act Agreements Guide. See Section 6.6 for more information regarding SAA abstracts.

6.3.1.9 All final SAAM submissions to FRED will include the following attachments:

a. A letter signed by the Center Director or their designee to the Director, FRED, requesting review and approval.

b. A summary of the out-grant including property description, term of the agreement, consideration by the tenant, proposed conveyance, and description of how the proposed agreement supports NASA's mission in both qualitative and quantitative terms, as appropriate.

c. A final draft of the business case and unsigned agreement as agreed to by all parties.

d. A life-cycle cost analysis (LCCA) for the agreement that conforms to OMB Circular A-94, "Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs." Use of ECONPACK software is recommended.

e. An EBS and completion certification for the NEPA process. Copies of these documents are to be held by the Center.

6.3.1.10 FRED coordinates the review of the submitted agreement with the following Headquarters organizations. Review details can be found in the NASA Real Estate Desktop Guide.

a. Office of General Counsel

b. Environmental Management Division

c. Office of Safety and Mission Assurance

d. Headquarters Office of Protective Services

6.3.1.11 The Headquarters review ensures that the proposed out-grant agreement supports a continuing need for the real estate asset for a current NASA mission, future NASA mission, or other reasons as submitted by the Center and approved by FRED.

6.3.1.12 The criteria for Headquarters review include conformance with the Center business case, alignment with the Center Master Plan, and conformance to 14 CFR, Part 1204.504.

6.3.2 Protecting NASA's Primary Interests

6.3.2.1 Out-grants of Government property are regulated to protect the interests of the Government. Out-grant proposals developed and submitted to FRED shall comply with 14 CFR, Part 1204.504, which requires the following:

a. That the interest to be granted is not required for a NASA program.

b. That the grantee's exercise of rights granted will not interfere with NASA operations.

c. That fair value in money is received by NASA on behalf of the Government as consideration.

6.3.2.2 Centers may request a waiver from the requirements of 14 CFR, Part 1204.504 by submitting a written request to the Director, FRED.

6.3.2.3 To comply with Federal requirements, Center Directors or authorized officials shall determine, sign, and certify as part of the out-grant submission these statements:

a. "The out-grant of this property will not have a negative impact on NASA's mission."

b. "The NASA property to be out-granted is required to support current or future NASA missions." This statement will contain a brief description and schedule of the mission requirements.

6.3.2.4 Centers shall ensure that out-grants include adequate termination language that protects the interests of NASA and the Government. The standard termination language included in 14 CFR, Part 1204.504 is restrictive and may be modified provided that a waiver is submitted to and approved by the Director, FRED.

6.3.2.5 The RPAO or other official designated by the Center Director coordinates the review and concurrence of the appropriate Center offices on the proposed out-grant agreement including environmental, safety, security, OCFO (F), Chief Counsel, facilities, master planning, real estate, as well as the program office initiating the request. The submission package should include a list of the persons in these offices who have reviewed the agreement so that their Headquarters counterparts may contact them as needed.

6.3.3 Developing the Business Case

6.3.3.1 Before proceeding with any out-grant, a Center shall develop and submit a business case to the Director, FRED, to support their concept for out-granting NASA real property. Some development of the business case may require projections as to how the Center plans to use NASA's authority. The business case is a tool for planning and decision making. It is an analysis that links estimates of costs and benefits with stated requirements and expectations for projected outcomes. The purpose of a business case is to make transparent to the various decision-making and operating groups the objectives to be met by a facilities investment, the underlying assumptions and alternatives, and the attendant costs and potential consequences of alternative actions.

6.3.3.2 A business case is not required for lesser interests in real estate, such as easements and rights-of-way, unless the agreement is for permanent use of NASA real property.

6.3.3.3 All alternatives should include the costs in personnel resources to develop, enter into, and manage the agreement, as well as operations and maintenance costs. Reimbursable costs, common service charges, and other revenues received should be included, as appropriate.

6.3.3.4 The NASA Business Case Guide for Real Property and Facilities Project Investments provides details on how to prepare a business case. In addition to the elements identified in the guide, a business case also includes:

a. A discussion of the fair market value analysis. This may be performed by the GSA, U.S. Army Corps of Engineers, or an independent professional appraiser, whether or not fair market value is to be charged for the out-grant. Centers may also conduct their own market survey to determine current rates for comparable real property assets. Current rates can be obtained from real estate industry sources such as the Building Owners and Managers Association, CoStar and LoopNet. The market analysis will determine the demand and likely pricing for the specific facilities or classes of facilities identified for possible out-grant.

b. An LCCA to ensure the Center has evaluated all costs related to the asset under the proposed PPV. These costs are to include any non-reimbursable costs for maintenance or repair of a facility, as well as nonreimbursable service pool-related costs, such as security and fire protection. The LCCA should support the agreement as the best economic value to NASA and compare the agreement to alternatives for managing the property.

c. An environmental and security analysis.

d. Documentation of compliance with Federal guiding principles of sustainability established by Executive Order 13423.

6.3.3.5 If a building or a significant part of a building is to be out-granted to multiple tenants, a business case does not have to be developed for each tenant. A business case should be prepared for the building or portion of the building that will be available for out-grant.

a. If an out-grant is part of a larger development project and the larger development is covered by a business case, a separate business case does not have to be developed for each out-grant inside the development. This would be the case for a development project such as a large research park.

b. If the Center is not planning a large development but is planning to enter into several out grants, the Center may develop a business case that reflects all of its out-grants in a single document. This Center-wide business case shall incorporate all known assets that the Center is considering. This comprehensive business case enables the Center to present its plan for all included out-grants to Headquarters as a package and not have to submit business cases for individual agreements for review.

c. This Center-wide business case includes a discussion of how the out-grants fit into the concept for overall Center development as outlined in the Center Master Plan.

6.3.3.6 The business case shall be reviewed by the Center OCFO (F), Center Chief Counsel's Office, and Center Facilities Office, including master planning and real estate, prior to its submission to FRED. The submission package will include a list of persons in these offices that have reviewed the out-grant so that their Headquarters counterparts can contact them, if necessary.

6.3.4 Recording the Out-Grant

6.3.4.1 The Real Property Management System (RPMS) will be used to record all out-grants that have been finalized and signed. Each agreement is entered as a separate instrument, whether for land, building, other structure, or infrastructure. The final signed agreement should be attached to the RPMS asset record.

6.3.4.2 The SAAM is the official repository for approved real property agreements.

6.4 Commercial Space Launch Act Agreements

6.4.1 Commercial Space Launch Act (CSLA) agreements are another option for Centers with space launch capabilities to out-grant real property to commercial entities. Centers can contact FRED for more details about the use of CSLA agreements.

6.4.2 The scope of a CSLA agreement is limited to the use of Federal property (real or personal) and services, which may include, for example, facilities, equipment, and personnel under NASA's jurisdiction to support a partner's commercial launch or reentry efforts. A commercial launch or reentry is any activity that is anticipated to be subject to a license or permit by the Federal Aviation Administration (FAA). CSLA agreements are intended to be implemented through appropriate subagreements between partners and the responsible NASA Center. In situations where a subagreement may not be the most appropriate option, the Center shall consult with FRED prior to developing the proposed agreement.

6.5 Public-Private/Public-Public Ventures

6.5.1 A Public-Private/Public-Public Venture (PPV) is an out-grant agreement through which NASA furnishes real property for a specified period of years, and the private or public entity invests its own capital to construct, renovate, or improve that real property and to operate the asset in a manner consistent with the agreement. State and local governments are examples of public entities that may enter into PPVs with NASA. NASA is provided consideration for the use of its real property. The type of consideration is dependent on the type of out-grant. Lease/develop/operate arrangements are the most common PPVs for NASA. Under this scenario, the private or public entity leases land or facilities from NASA, invests its own capital to construct or renovate a facility, and then operates the facility. PPVs generally are not applicable to lesser interests in real estate, such as easements and rights-of-way.

6.5.1.1 A PPV includes at least two parties, and thus, two or more sets of objectives, constraints, and opportunities. A typical NASA objective may be to further a national objective in space or science, to generate funds to be used to maintain other facilities at the Center, or to ensure that the property being privatized is properly rehabilitated and maintained. At the same time, a typical private partner objective may be to make a profit on the venture or to partner on a historic structure simply to ensure its preservation.

6.5.2 NASA Centers will develop only PPVs that support the NASA objective and missions to pioneer the future in space exploration, scientific discovery, and aeronautics research.

6.6 Guidance for Entering Space Act Agreements with Public-Private/Public-Public Ventures

6.6.1 Guidance for entering SAAs may be found in the NAII 1050-1, Space Act Agreements Guide.

6.6.2 Reimbursable SAAs shall include compensation for NASA expenses, in accordance with NAII 1050-1. SAAs that do not provide exclusive use of NASA real property are not considered real estate agreements.

6.6.3 SAAs that provide exclusive use of NASA real property shall be coordinated with the Center RPAO.

6.6.4 MSD is the designated Headquarters office for reviewing proposed SAAs. Centers initiating real estate agreements associated with the Space Act shall forward abstracts of key information for the proposed activities to MSD via SAAM for review and approval prior to negotiating or committing to any agreements.

6.6.5 Upon receiving an abstract, MSD shall coordinate their review with FRED and other affected or interested Headquarters organizations. The review is to identify any substantive issues or areas of concern among affected NASA organizations.

6.6.6 MSD either approves proceeding with the activity or communicates any areas of concern to the initiating office and to the Office of the Administrator and facilitates the timely resolution of any issues.

6.7 Enhanced Use Leasing

6.7.1 An Enhanced Use Lease (EUL) is an out-grant agreement with a public or private entity for the use of NASA-owned real property that allows NASA to retain the cash or in-kind proceeds from the agreement. The consideration paid by the public or private entity shall be at fair market value.

6.7.2 A broader description of EULs is available in the NASA Desk Guide for Enhanced Use Leasing of Real Property. It is recommended that this document be consulted when considering entering into an EUL, as it contains additional background information and a detailed discussion of the EUL process.

6.7.2.1 Centers shall submit all EULs, regardless of scope, term in years, or amount of revenue, to the Director, FRED, for review and approval before the Center executes the lease.

6.7.3 Authority for Enhanced Use Leasing

6.7.3.1 Under the current EUL authorities, all EUL agreements entered on or after January 1, 2009 may only be for cash consideration. The cash consideration received may be used to cover the full costs to NASA in connection with the lease.

6.7.3.2 Centers shall certify, "The out-lease of this property will not have a negative impact on the NASA mission."

6.7.3.3 EUL authority supports NASA's relationships with the private sector that can provide mission-enhancing, programmatic benefits to the Agency. In addition, it allows Centers to improve their management of NASA real property by leveraging the property's value and attracting outside interest and investment into areas of programmatic interest.

6.7.3.4 EULs may also be used to fund energy projects in accordance with 51 U.S.C. 20145, which authorizes the acceptance of in-kind consideration for leases to develop renewable energy production facilities. Additional information is provided in NPR 8570.

6.7.4 EUL Restrictions

6.7.4.1 EULs shall not be entered into with other Federal agencies.

6.7.4.2 EULs shall not allow lease-back of leased property or assets constructed on NASA property.

6.7.4.3 EULs should not include demand services. Demand services for a tenant should be provided under a separate agreement.

6.7.4.4 No NASA civil service management activities shall be charged to EUL income.

6.7.5 Use of EUL Revenue

6.7.5.1 Guidance on tracking and managing EUL revenue can be found in NPR 9090.1. The use of cash proceeds from all EUL leases, whether the lease was entered under the initial or expanded authority for all Centers, follows the requirements of the expanded authority for all Centers.

6.7.5.2 EUL revenues may be used to cover the full costs to the Center in connection with the lease and for maintenance, capital revitalization, and improvements of the real property assets and related personal property. This includes the revitalization, repair, and replacement of collateral equipment, as defined in NPR 9250.1.

6.7.5.3 Lease management and administration charges may include, but are not limited to, personnel (other than civil service) and other expenses incurred by the Center for administrative, legal, and other support services (e.g., contract support, contract management, and financial management). These lease management and administration charges are recurring and part of the full costs, which are fully defined in NPR 9090.1.

6.7.5.4 Funds shall not be utilized for routine operations costs, such as utilities.

6.7.5.5 All projects that will be funded with EUL revenue will follow standard project review and approval processes as established by FRED.

6.7.5.6 Projects will be prioritized and approved based on Agency-approved discriminating factors, which include ensuring support of NASA's primary missions; reducing NASA operating costs supporting those missions; and ensuring a safe, reliable, and adequate environment for NASA workers.

6.7.5.7 NASA Headquarters reviews all EUL revenue and cost projections as part of the Agency budget process. This information is used to develop the budget that is submitted to Congress. Centers shall provide their projections of EUL revenue and proposed plans for spending the EUL revenue to FRED as part of the yearly PPBE process. If specific repair projects are not known at the time of the budget submission, NASA submits details for the specific projects as part of the initial operating plan.

6.7.5.8 Revenue projections and spending plans are required for the current fiscal year and two years out. Projected revenue includes cash rent, service pool payments, and the anticipated value of in-kind consideration, if applicable. Realistic forecasting of anticipated revenues and expenditures is critical in submission of NASA's operating plan.

6.7.6 Annual Enhanced Use Leasing Reports

6.7.6.1 Centers shall submit reports of the following information for the preceding fiscal year to FRED by January 1:

a. List of active EULs.

b. Base (cash) rent received for each lease.

c. Value of in-kind consideration for each lease received in the preceding calendar year (applicable to Kennedy Space Center and Ames Research Center only).

d. Expenditures to cover the full costs to NASA in connection with each lease.

e. Service pool payments received for each lease.

f. Service pool costs paid to provide for each lease.

g. Expenditures from EUL rent received for maintenance, capital revitalization, and improvements of the real property assets.

h. A list of completed projects on which the rent revenue has been spent, including the name and identifying number of the asset on which the funds were spent, a description of the project, and the cost of the completed project.

6.7.6.2 FRED will measure the effectiveness of the EUL program using the information reported by the Centers, as well as RPMS data. These measures include the amount of revenue received, number and size of underutilized buildings leased under EUL, and amount of revenue spent on facilities repair as a percentage of the total funds spent on facilities repair at the Center.

6.7.6.3 NASA submits an annual EUL Report to Congress by January 31. FRED prepares the report, which will include a status of the program, and provides information on the active leases in the preceding year. The report also highlights proposed projects for the coming year and beyond. Specific information in the annual report is listed in the NASA Desk Guide for Enhanced Use Leasing of Real Property.

6.8 Improvements to NASA Out-Granted Assets

6.8.1 NASA out-grants may authorize the tenant to make capital and other improvements to NASA real property assets. The Center DCFO (F) shall be notified before a tenant begins a capital improvement.

6.8.2 It is not NASA's intent that permanent improvements constructed by the tenant become the property of NASA. Newly constructed assets by the tenant, such as buildings or other permanent structures on NASA-owned land, will remain under the tenant's ownership and control.

6.8.3 NASA Headquarters will consider waivers to Section 6.8.2 if they are submitted to FRED in a letter signed by the Center Director or designee. The request for waiver needs to include an LCCA and a justification for why the improvement should be transferred to NASA and how it will support NASA's current or future missions.

6.8.4 The request for transfer of the constructed asset to NASA is submitted not less than one year before the end of the out-grant term and includes an explanation of the benefit of such acceptance in accordance with the acquisition policy in Chapter 4 of this document.

6.8.5 Any constructed asset not accepted for transfer shall be removed by the tenant at the end of the out-grant term.

6.8.6 Improvements to a NASA facility made by the tenant have dollar value, and such improvements, if transferred to NASA, are viewed as if NASA had purchased them at the same dollar value. The RPAO shall enter the value of these improvements into the real property record as an increase in the value of that asset. Improvements will be capitalized in accordance with NPR 9250.1 and Chapter 2 of this document.

6.9 Providing Sites for Commercial Antennas on Federal Property

6.9.1 Authority for Providing Antenna Sites

6.9.1.1 On August 10, 1995, President Clinton signed an Executive Memorandum directing Federal agencies to assist the wireless communications industry in identifying sites for antennas on Federal property and to make available Federal buildings and land for the siting of antennas to licensed communications companies. In 1996, Congress enacted the Telecommunications Act of 1996 (Pub. L. 104-104, §704(c)), that further stressed the importance of this effort. In addition, on March 14, 2007, the GSA enacted FMR 2007-B2 (72 FR 11881). This regulation provides all Federal agencies with the criteria and procedures for providing antenna sites. OMB Circular A-25 Revised, User Charges, contains criteria that agencies shall follow to assess fees for the use of Government property or resources.

6.9.1.2 NASA may make available any buildings and lands for the siting of commercial antennas, in accordance with Federal, state, and local laws and regulations and consistent with national security concerns.

6.9.1.3 Antenna sites shall be made available on a fair, reasonable, competitive, and nondiscriminatory basis with a bias toward granting a request unless there are unavoidable conflicts with NASA's mission, including future planned use of the property or access to the property. However, the siting of commercial antennas is not to be given priority over other authorized uses of NASA facilities. Care should be exercised to avoid electromagnetic intermodulations and interferences.

6.9.1.4 Where there are multiple requests for the same site, co-location of antennas is encouraged. The real estate agreement used to grant the antenna site may be a lease, easement, permit, or license, as is appropriate under the circumstances of the request and location.

6.9.1.5 Upon receipt of a siting request, the Center shall conduct an initial evaluation to determine whether the information provided is sufficient and determine whether or not there is obvious reason to deny the request. NASA retains the discretion to deny an unacceptable or inappropriate request to site an antenna on NASA property.

6.9.1.6 The evaluation of a siting request shall take into consideration all environmental and historic preservation issues including, but not limited to, the following:

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 NHPA and implementing regulations.

d. Protection of natural and cultural resources (e.g., National Parks and Wilderness areas and National Wildlife Refuge systems).

e. Compliance with NEPA requirements.

f. Compliance with Federal Communications Commission (FCC) criteria for radio frequency exposure and with other relevant Federal regulations, including those of the FAA, the National Telecommunications and Information Administration, the National Capital Planning Commission for NASA facilities within the National Capital Region.

6.9.1.7 The agreement should ensure the timely removal of the antenna at the end of the term at the sole expense of the telecommunications service provider.

6.9.1.8 The agreement shall provide that the antenna structures may not contain any advertising.

6.9.1.9 The telecommunications service provider is responsible for the reasonable costs incurred by NASA that are associated with providing the requested antenna site. This includes costs associated with obtaining appropriate clearance of provider personnel for access to NASA and non-Federal land or buildings.

6.9.1.10 Centers shall charge reasonable rental fees for the property on which the antenna will be placed.

6.9.1.11 Rental fees shall be based on the market value of the real property encumbered by the antenna. The market value can be determined by an appraisal, market analysis, use of set rate schedules, or any other reasonable means. See Section 6.3.3.4 for more information.

6.9.2 Review and Approval of Requests

6.9.2.1 NASA is required to review siting requests in a timely manner. All requests to site a commercial antenna on NASA-controlled property shall be forwarded by the Center to FRED via the SAAM e-router for review and concurrence. Details on information required in such requests are listed in the NASA Real Estate Desktop Guide. FRED will provide a preliminary response to the Center within 30 days of receiving the request.

6.9.2.2 In all cases, the Center's response to the applicant will include the name and contact information for the NASA representative responsible for the project.

6.9.2.3 The Center shall notify the applicant as soon as possible of their responsibility for any charges for Government services provided in the review process or other issues that need to be resolved. This notification should provide the applicant with an estimated timeframe for completing the necessary actions and should be based on experience in dealing with projects of similar complexity. The Center should advise the applicant in writing of any statutory, legal, or NASA requirements. This may include an Environmental Assessment or Environmental Impact Statement, public hearings (as part of NEPA), etc.

6.9.2.4 Upon receipt of a sufficiently completed application, the Center and the applicant shall conduct a site visit to determine whether the site actually meets the applicant's needs.

6.9.2.5 Final decisions shall be rendered by FRED to the Center in writing, in a timely manner, and after completion of all required reviews, evaluations, or assessments.

6.9.2.6 If the request is denied, the Center shall provide a written explanation to the applicant, which contains the name and address of the NASA official to whom an appeal may be sent. The applicant can appeal the denial to a higher level of NASA authority for review of the denial decision.

6.9.2.7 After Agency determination to approve an antenna siting application, a lease, permit, license, or other agreement shall be executed to document the terms, conditions, and responsibilities of both the Federal Government and the telecommunications service provider.



| TOC | ChangeHistory | Preface | Chapter1 | Chapter2 | Chapter3 | Chapter4 | Chapter5 | Chapter6 | Chapter7 | Chapter8 | AppendixA | AppendixB | AppendixC | AppendixD | AppendixE | AppendixF | AppendixG | ALL |
 
| NODIS Library | Program Management(8000s) | Search |

DISTRIBUTION:
NODIS


This Document Is Uncontrolled When Printed.
Check the NASA Online Directives Information System (NODIS) Library
to Verify that this is the correct version before use: http://nodis3.gsfc.nasa.gov