Procedural
Requirements
Effective Date: October 08, 2024
Expiration Date: October 08, 2029
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NASA Procedural Requirements |
NPR 8800.15F Effective Date: October 08, 2024 Expiration Date: October 08, 2029 |
| | TOC | ChangeLog | Preface | Chapter1 | Chapter2 | Chapter3 | Chapter4 | Chapter5 | Chapter6 | Chapter7 | Chapter8 | AppendixA | AppendixB | AppendixC | AppendixD | AppendixE | ALL | |
1.1.1 Chapter 1 of this NPR establishes the guiding principles of NASA real property management; identifies relevant directives, mandates, and regulations; and identifies the roles, relationships, and responsibilities of NASA personnel involved in real property management at various levels.
1.1.2 Real property The term real property refers to land, buildings, structures (including relocatable structures), air space, mineral and/or water rights, utility systems, improvements, and appurtenances affixed to land. Real property also includes related personal property, also known as collateral equipment. Real property may be owned, leased, occupied, and/or controlled by NASA, and includes Government Owned, Contractor Held (GOCH) real property.
1.1.3 Real estate
For the purposes of this NPR, the term real estate refers to real property under Agency control and the legal ownership interests in real property that may include fee simple ownership, leaseholds, easements, licenses, permits, or reversionary rights.
1.1.4 RPMS is the official inventory system for the Agency real property portfolio.
1.1.5 REAMS is the official application for developing, routing, and recording all real estate agreements. This includes all in-grants and out-grants.
1.2.1 Guiding Principles
As an independent executive branch Agency with significant real estate holdings, NASA has established the following Guiding Principles of Real Property Management to ensure the Agency's real property portfolio best supports the Agency's Strategic Plan (NPD 1001.0), and mission needs:
a. Real Estate Planning NASA will balance acquisition, sustainment, modernization, out-granting, and disposal to ensure that real property assets are available, utilized, and in suitable condition to meet mission requirements through the mission-driven Agency Master Plan.
b. Affordability NASA will manage its real property in a strategic, cost-effective, and sustainable manner to ensure the Agency has the necessary facilities and capabilities in place when needed to fulfill mission needs.
c. Sustainability NASA will implement sustainable facility practices and foster a proactive, sustainability-focused culture to minimize the Agency's impact on the environment.
d. Legal and Regulatory Compliance NASA will manage its real property portfolio in accordance with applicable regulations and laws.
e. Data Integrity/Data Management NASA will maintain complete and accurate facility data for use both within the Agency and external to the Agency. NASA will ensure that this data is managed in accordance with applicable laws and standards and is collected, stored, and utilized in accordance with requirements and best practices.
f. Skilled Workforce NASA will develop a mission-ready real estate workforce by providing for professional growth and consistency across the Agency through training, related experience, and professional development.
1.2.2 The Federal Real Property Council
The FRPC was established by Executive Order (E.O.) 13327, Federal Real Property Asset Management (2004, 69 FR 5897) to promote the efficient and economical use of America's real property assets and to assure management accountability for implementing Federal real property reforms. The FRPC:
a. Designs performance measures 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.
b. Provides annual guidance for real property inventory reporting in the form of the Federal Real Property Profile (FRPP) Data Dictionary, which provides the Federal real property reporting requirements for Federal agencies.
c. Requires NASA to annually provide an electronic submission from the RPMS as further defined in Sec. 3.2.1.
1.2.3 NASA Facilities and Real Estate Division
In accordance with NPD 8800.14, Policy for Real Estate Management, FRED under the direction of the Office of Strategic Infrastructure (OSI) serves as the principal organization for all Agency real property activities and provides NASA-wide policies for real property management.
1.2.4 NASA Strategic Plan
NASA will only acquire real property in support of NPD 1001.0, NASA Strategic Plan, and subordinate plans.
1.2.5 Center Master Plan
1.2.5.1 Each Center develops and maintains a Center Master Plan (CMP) for all real property assets the Center owns or manages. A CMP is the Centers statement of its concept for the orderly management and future development of the Centers real property assets, including land, buildings, physical resources, and infrastructure. It is the overall plan for Center development. (Further details can be found in NPR 8810.1, Center Master Planning.)
1.2.5.2 The Center shall perform all real property activities in accordance with its CMP.
1.2.6 Capability Portfolio Framework Plan
1.2.6.1 Each Capability Portfolio develops and maintains a Capability Portfolio Framework Plan for all real property assets that fall under the Portfolio. This Framework Plan is the Portfolios statement of its current state health and concept for the orderly management and future development of the Portfolios real property assets, including land, buildings, physical resources, and infrastructure to ensure mission success.
1.2.7 NASA Elevation-Based Zoning System
NASAs real property portfolio includes many acres of low-lying land that are vulnerable to extreme weather events and climate change risks. NASAs land management policy is that Centers consider flooding risks when making plans and agreements regarding land use and investment decisions on facilities projects. To implement this policy, NASA establishes an elevation-based zoning system as follows:
a. New construction and substantial renewal of real property assets within the 100-year flood plain will be restricted to those required to support waterfront activities (port facilities, seawalls, etc.), buffer zones, unenclosed storage, and recreation. New construction and substantial renewal projects required to support waterfront activities will be designed to protect against flooding via hardening and/or elevation of functional areas.
b. New construction and substantial renewal of real property assets outside the 100-year flood plain but within the 500-year flood plain will also be restricted. In addition to projects permitted within the 100-year flood plain, low-value relocatable or temporary (design lifespan less than 30 years) structures containing nonessential functions are also permitted. Substantial investment and new construction in such areas will be designed to protect NASA assets against flooding risk via hardening and/or elevation.
c. At NASA sites where sea-level change poses a significant current or future risk, NASA Center Master Planners (CMPs) shall designate alternate suitable areas for relocating critical activities and infrastructure.
1.3.1 The OSI Assistant Administrator shall:
a. Manage Agency acquisition activities related to real property programs in accordance with NPD 1000.5, Policy for NASA Acquisition.
b. Serve as NASAs Senior Real Property Officer (SRPO) in accordance with E. O. 13327.
c. Serve on the FRPC as NASAs voting member representative.
d. Serve as a delegated authority, from the NASA Administrator, to take actions in real property and related matters as described in 14 CFR § 1204.501-504.
e. Identify real property asset management performance measures.
1.3.2 The Director of FRED shall:
a. Serve as the delegated authority, from the NASA Administrator, to take actions in real property and related matters as described in 14 CFR § 1204.501-504.
b. Establish all Agency real estate directives, policies, and procedures.
c. Act as the Real Estate Contracting Officer (RECO) Program Appointing Official (AO). The AO has overall responsibility for NASAs RECO Program and ensures that each Center complies with all delegated authorities.
d. Serve as the Level V RECO with unlimited authority for real estate actions as identified in Table C-1, RECO Warrant Levels.
e. Appoint a Real Property Accountable Officer (RPAO) for each Center from the Real Estate Branch (REB) in accordance with Sec. 1.6.3 of this NPR.
f. Concur on the appointment of the RPAO for the NASA Office of JPL Management and Oversight (NOJMO).
g. Serve as the Official-in-Charge (OIC) for waivers and deviations from 14 CFR § 1204.501-504 and this NPR in accordance with NPD 1400.1, Documentation and Promulgation of Internal NASA Requirements and Charters.
1.3.3 The REB Chief shall:
a. Serve as the delegated authority, from the Director, FRED, in accordance with 14 CFR § 1204.501-504, to take actions in real property and related matters. This includes but is not limited to acquisitions, disposals, real estate agreements, and facility utilization.
b. Coordinate real property related financial data for required reporting, to include real estate agreements, capital improvements, and heritage assets, with the Agency Office of the Chief Financial Officer (OCFO).
c. Approve real estate forms and templates for Agency use.
d. Serve as the RECO Certification Committee chair.
e. Assign RECO Certification Committee members.
f. Serve as Level IV RECO as identified in Table E-1.
g. Recommend personnel for assignment as RPAOs to the Director, FRED.
1.3.4 The Deputy REB Chief shall:
a. Provide oversight and compliance reviews of Level I and II RECOs.
b. Serve as vice-chair of the RECO Certification Committee.
c. Serve as Level III RECO, as identified in Table E-1.
1.3.5 The Enhanced Use Lease (EUL)/National Historic Preservations Act (NHPA) Lease Program Manager shall:
a. Provide programmatic oversight and management of the EUL/NHPA lease program.
b. Serve as the subject matter expert for all EUL/NHPA leasing activities, having intimate knowledge of all active and proposed leasing actions.
c. Develop and coordinate the consolidated annual report to Congress.
d. Serve as a member of the RECO Certification Committee.
e. Monitor EUL/NHPA lease adherence to Federal law and NASA policy.
f. Ensure all EUL/NHPA lease guidance, tools, and training materials are maintained and up to date.
g. Serve as a Level III RECO, as identified in Table C-1.
1.3.6 The RECO Certification Committee shall:
a. Develop and maintain a system for tracking warrants and certifications.
b. Monitor all warranted personnel for compliance with training requirements.
c. Accept and review RECO applications and provide recommendations to the AO for a Warrant Certificate or Certificate of Appointment.
d. Evaluate the RECO candidate's experience, education, and training for their ability to perform the duties of a RECO.
e. Conduct annual functional reviews to ensure compliance with all Federal and NASA leasing laws, policy, and procedures and recommend corrective actions to the AO upon any significant findings.
f. Approve the training curriculum for the RECO Warrant Program.
g. Maintain a file for each RECO that contains:
(1) A qualification statement.
(2) A request for appointment.
(3) A copy of the warrant.
(4) Training records.
1.3.7 RECOs shall:
a. Have warranted responsibility for the development, execution, modification, and termination of real estate agreements, in accordance with the restrictions set forth in 14 CFR § 1204.501-504.
b. Have primary responsibility for each assigned agreement through the entire real estate agreement process, including responsibility for maintaining all records associated with each assigned agreement.
c. Serve as the Signing Official to execute real estate agreements on behalf of the Agency corresponding to their RECO warrant level.
d. Comply with this directive and all laws, regulations, and policies relating to real property asset management.
e. Ensure that real estate actions do not exceed the authority established in the RECO's warrant. This warrant cannot be re-delegated.
f. Provide all warrant updates to the Certification Committee.
g. Communicate and coordinate with the appropriate RPAO(s) on all updates to RPMS.
h. Complete NF 1913, In-and-Out Grant Checklist, for in-grants and out-grants when entering into an agreement.
i. Provide the appropriate RPAO(s) with copies of all in-grants and out-grants executed.
j. Ensure that appraisals and valuations are referred to and approved by the NASA Valuation and Advisory Lead (VAL).
k. Ensure the NASA requirements for the National Environmental Policy Act (NEPA),1 Cultural Resources Management, and Environmental Due Diligence (EDD) are integrated into real estate activities.
l. Coordinate all real estate agreements with stakeholders to ensure compliance with Agency missions and visions.
m. Coordinate with Center Points of Contact (POCs) during all phases of the real estate agreement process to include planning, development, execution, and post-execution activities in accordance with this NPR.
n. Maintain an agreement file for each real estate action that includes all required documentation as established in Chapter 6 of this NPR.
1.3.8 RPAOs shall:
a. Serve as the expert and principal point of contact for the administration of all real property activities at the assigned Center(s).
b. Serve as the Signing Official to accept real property improvements and real estate accountability for the Agency at the assigned Center(s).
c. Assist Center organizations with all real property requests and ensure they are properly coordinated through the Center OSI Integrator (COI).
d. Maintain detailed records for all real property at the assigned Center(s) and ensure all real property transactions are recorded in the RPMS timely and accurately.
e. Establish and manage internal controls to ensure that real property records are kept current and are maintained as the real property record files for each asset owned, managed, and/or occupied by NASA.
f. Complete validation and verification of real property data prior to submission of the annual FRPP.
g. Assist other real property personnel (e.g., RECO and VAL) in the development and review of appraisals and valuations, and real estate agreements.
h. Complete a triennial physical inventory and maintain detailed inventory records in the RPMS.
i. Assist Agency procurement personnel in determining the need for any real estate agreement related to potential procurement actions.
j. Conduct or participate in physical inspections of all real property ready for transfer or acceptance to ensure that all related personal property and/or collateral equipment is documented.
k. Maintain contact and coordination with the internal and external organizations necessary to manage real property transactions and collect required supporting documentation and ensure it is stored appropriately.
l. Participate in Deferred Maintenance (DM) and Facility Condition Assessments (FCA), including attending all meetings, evaluating recommendations from the assessors, and updating the RPMS, as needed.
m. Coordinate with the Center Facility Planners, Facility Project Managers, Construction of Facilities (CoF) Program Managers, Center NEPA Manager (CNM) and Cultural Resources Manager (CRM) in the early planning stages of any real estate transaction to determine the appropriate level of review, agency consultations, permits, and documentation required for environmental compliance.
n. Complete appropriate EDD activities in accordance with the EDD Desk Guide and in consultation with the Center Environmental Management Office (EMO).
o. Notify the Federal Preservation Officer (FPO) and Center CRM immediately if an activity is likely to affect a historic property or a property that has been identified as culturally significant by federally recognized tribes, Alaskan natives, or native Hawaiian organizations.
1.3.9 The Real Property Divestment Officer (RPDO) shall:
a. Serve as the divestment point of contact for the Agency.
b. Process all divestment requests in accordance with Chapter 7 of this NPR.
c. Conduct internal NASA screening for real property being proposed for divestment.
d. Process all United States (U.S.) Department of Housing and Urban Development (HUD) Title V packages and submit to HUD for Federal screening.2
1.3.10 The NASA VAL shall:
a. Serve as the technical expert for all appraisal and valuation activities.
b. Communicate and coordinate all appraisal and valuation activities with the RECO.
c. Approve all appraisal and valuation instructions in accordance with this NPR.
d. Accept and approve final appraisals and valuations.
e. Establish rent negotiation parameters and provide them to the RECO.
f. Maintain all valuation and appraisal documentation for each real estate transaction and provide copies to the RECO for inclusion in the agreement file.
1.4.1 Center Directors and the Director, NOJMO, are considered the custodians of all real property associated with the Center and shall:
a. Ensure all real property and real estate requests are coordinated through the RPAO and the COI.
b. Delegate authority, in writing, to the Director, FRED, for up to two senior managers to sign requests for real estate actions such as requests to divest, acquire, or out-grant.
c. Ensure that a Center POC for each real estate agreement is identified and provided to the RPAO and RECO. The Center POC will serve as a liaison between the RECO and the Center stakeholders.
d. Ensure that all concessionaire agreements, involving the use of NASA real property, are coordinated with the RPAO prior to execution.
e. Identify the Center "Selecting Authority" (SA) for each real estate action that requires an Announcement for Proposals (AFP).
f. Appoint a Facilities Utilization Review Board (FURB) to direct utilization of real property at the Center and communicate that direction to all Center stakeholders and include affected Capability Portfolio Managers (CPMs).
g. Ensure that the work performed by the FURB is in accordance with the requirements in this NPR.
h. Appoint a Facility Utilization Officer (FUO), documented in writing and copies furnished to:
(1) The employee designated.
(2) The members of the Center FURB.
(3) The COI.
(4) The Center Office of Procurement.
(5) NASA Headquarters, FRED.
i. Consult with the FUO, RPAO, and other personnel to:
(1) Assess real property needs with respect to mission requirements.
(2) Approve all requests relating to the acquisition of real property.
(3) Approve all requests to dispose of real property not required currently or in the foreseeable future.
(4) Propose leveraging of Center real property through initiatives and requests for actions such as out-granting underutilized real property.
j. Ensure that program and/or project offices coordinate their requirements for space, including leased space, with the Center RPAO and FUO.
k. Inform the RPAO of any necessary Center real property requirements as early as possible.
1.4.2 The COI shall:
a. Serve as the liaison between OSI and the Center for real estate activities.
b. Provide concurrence to the Director, FRED on the RPAO designation for the Center.
c. Ensure that any Center real property action requests, including but not limited to real estate agreements, are coordinated with the RPAO and the assigned RECO.
d. Ensure that COI personnel work with the appropriate program and mission personnel to complete, update, and maintain the Mission Relevance (MR) score in accordance with
NPR 8810.1.
1.4.3 The FUO responsibilities are defined in Section 5.2.3 of this NPR.
1.4.4 The Center CRM shall:
a. Complete the appropriate review and consultation necessary for compliance with applicable cultural resources laws and regulations, including, but not limited to Section 106 of the National Historic Preservation Act (NHPA) for all real property actions.3
b. Review all real estate agreement documents for potential cultural resources implications.
c. Participate in the development and execution of NHPA leases and advise on the use of NHPA lease proceeds.
d. Coordinate with tenants in the ongoing management of leased historic property.
1.4.5 The FPO shall:
a. Coordinate with the Center CRM early in the process to identify a consultation strategy in accordance with NHPA lease requirements.
b. Maintain a record of consultation with the U.S. Advisory Council on Historic Preservation (ACHP) regarding the Section 111 lease program.4
1.4.6 The Center Industrial Property Officer (IPO) shall:
a. Ensure that applicable contractors report GOCH real property in accordance with their contract, typically annually on NF1018, NASA Property in the Custody of Award Recipients.
b. Forward all NF1018s that identify and include real property to the Center RPAO.
1.4.7 The Agency OCFO shall:
a. Provide and maintain Agency-wide financial policies related to real property capitalization.
b. Provide and coordinate necessary Agency financial information for the financial statements and other required reports, to include the annual EUL report to Congress.
1.4.8 The Center CFO shall:
a. Ensure the financial transactions for real property are recorded and reported in accordance with NASA policy and regulatory guidance.
b. Coordinate capitalization activities with the RPAO and FPMs, including the completion of the NF 1739, Capitalization Determination Form,5 and ensuring that adequate real property related supporting documentation is maintained (e.g., NF 1046, Transfer and/or Notification of Acceptance of Accountability of Real Property).
c. Ensure a market survey or equivalent is received from the RECO when pricing an agreement for the out-granting of real property in accordance with NPR 9090.1, Partnership Agreements-Financial Requirements and Administration.
d. Prepare and approve the Estimated Price Reports (EPRs) for all real estate agreements in accordance with NPR 9090.1.
1.4.9 The Office of Procurement, Contracting Officer (CO) shall:
a. Notify the RPAO and FUO immediately when a procurement activity potentially involves the use of NASA real property by a contractor. This includes use of NASA-owned real property by NASA on-site contractors, off-site contractors, Government Task Agreements (GTAs), or subcontractors performing NASA mission activities.
b. Notify the RPAO immediately when a procurement activity potentially involves the acquisition or use of real property that is owned by an entity other than NASA.
c. Advise the RPAO and FUO when the place of performance for a NASA contract is on a NASA Center or Facility and the contractor will be offered space and/or utilities under the NFS clause 48 CFR § 1852.245-77, List of Government Property Furnished Pursuant to Federal Acquisition Regulation (FAR) 52.245-2 (Government Property Installation Operation Services).
d. Ensure all appropriate real property clauses are included in the contracts or any amendments to the contract in accordance with the FAR and NASA FAR Supplement (NFS).
e. Provide beneficial occupancy notification to the RPAO at the time of occurrence for construction contracts.
1.4.10 The Facility Project Manager (FPM) shall:
a. Provide necessary documentation on real property projects and their completion to the RPAO, including the NF 1046 as follows:
(1) Submit a preliminary NF 1046 to the RPAO at beneficial occupancy.
(2) Submit the final NF 1046 to the RPAO within 30 days of financial completion of the project.
b. In consultation with the Center OCFO and the RPAO, complete NF 1739 for all facility projects and forward the completed forms to the Center OCFO and the RPAO. In the case of JPL, the equivalent form authorized by the NASA OCFO may be used.
c. Coordinate with the Center Natural Resources Manager to ensure compliance when planning new mission needs and construction, renovation, or demolition/deconstruction activities.
d. Ensure compliance with NPR 8820.2, Facility Project Requirements (FPR).
e. Coordinate with the Center CRM to identify potential NHPA and Native American consultation requirements when planning new mission needs and construction, renovations, or demolition/deconstruction activities, as described in NPR 8820.2 and NPR 8510.1, NASA Cultural Resources Management.
f. Complete the environmental checklist in accordance with NPR 8820.2.
1.4.11 The Center Demolition Program Manager (CDPM) shall:
a. Coordinate with the FPM to complete and forward NF1046 to the RPAO within 30 days of the completion of demolition of the real property.
b. Coordinate with the Center CRM to identify potential NHPA and Native American consultation requirements when conducting demolition/deconstruction activities, as described in NPR 8820.2 and NPR 8510.1.
c. As part of decommissioning, participate in the process for designating facility status change and maintenance requirements for safety, property, security, and environmental compliance between facility deactivation and demolition.
d. Ensure a Safety Baseline Survey (SBS) is performed as part of decommissioning. The survey identifies potential safety hazards and concerns such as facility safety, fire protection, confined space entry, nuclear safety, radiation protection, explosives, and pressurized systems.
e. Consult with the Center Supply and Equipment Management Officer (SEMO) to ensure tagged personal property is removed from the facility before demolition.
f. Consult with the Center Property Disposal Officer and RPAO to ensure that real property (i.e., related personal property/collateral equipment, scrap materials, and tagged personal property) is disposed of in accordance with NPR 4300.1, NASA Personal Property Disposal Procedural Requirements.
1.5.1 Environmental and Cultural Resources Management
a. Real property transactions should be coordinated with the Center EMO and CRM as early as possible to ensure that environmental requirements and liabilities are addressed in accordance with NPD 8500.1, NASA Environmental Management; NPR 8510.1; and NPR 8580.1, Implementing the National Environmental Policy Act, and E.O. 12114 (Environmental Effects Abroad of Major Federal Actions).
b. A completed environmental checklist is submitted to the CNM and the CRM early in the planning stage of the real estate action. The checklist will be used by the CNM and the CRM to:
(1) Identify environmental requirements, issues, mitigation measures, impacts, and required permits.
(2) Determine the appropriate level of NEPA documentation, i.e., Categorical Exclusion (CatEx), Environmental Assessment (EA), or Environmental Impact Statement (EIS).
(3) Conduct the necessary review and consultation to ensure compliance with Sections 106 and 110 of the NHPA, 54 U.S.C. § 300101-114.6 This review is necessary to determine if the real estate action has the potential to affect a property that is listed or eligible for listing on the National Register of Historic Places (NRHP), including National Historic Landmarks and Native American and Native Hawaiian sites.
Note: This requirement may not apply if Section 106 consultation processes are included in the lease language.
c. Environmental review pursuant to the NEPA, EDD, and Section 106 of the NHPA to support the real estate transaction will be prepared and completed prior to execution.
(1) NEPA documentation requirements assess potential environmental impacts and identify needed mitigation measures associated with the real estate action in accordance with NPR 8580.1. An EA or EIS may be required.
(2) EDD is the process for identifying existing environmental conditions and potential environmental risks associated with past uses of real estate. The NASA EDD Desk Guide specifies the appropriate level of due diligence to conduct based on the type of real estate transaction that is proposed. NASA will complete the EDD process as outlined in the Desk Guide for all real estate transactions.
(3) Completed Section 106 consultation means the Center has received a letter of concurrence from the State Historic Preservation Officer (SHPO) or has executed a Memorandum of Agreement (MOA). If the action is covered under a Programmatic Agreement (PA), Section 106 compliance is completed once any consultation stipulations within the PA have been met.
Note: This requirement may not apply if Section 106 consultation processes are delegated to a tenant and specified in the real estate agreement.
1.5.2 Energy
a. The National Energy Conservation Policy Act of 1978 as amended (Findings, 42 U.S.C. § 8251) establishes energy management requirements for agencies to follow when considering new in-grant leases. The Act requires that each Federal agency include in-granted, leased "facilities" in applicable energy and water requirements (covered facilities, energy and water evaluations, implementation of identified energy and water efficiency measures, follow-up on implemented measures, web-based certification, benchmarking of federal facilities).
(1) In this Act, "facility" refers to any building, installation, structure, or other property (including any applicable fixtures) owned or operated by, or constructed or manufactured and leased to, the Federal Government.
(2) When entering into an Occupancy Agreement (OA) with GSA, GSA will comply on behalf of NASA; when NASA is using the authority under Title 51, NASA will comply.
b. The Energy Independence and Security Act of 2007, 42 U.S.C. § 17091 - Leasing, mandates that three years after December 19, 2007, no Federal agency may enter into a contract to lease space in a building that has not earned the Energy Star label in the most recent year. Exceptions to this requirement are described in subsection (b) of 42 U.S.C. § 17091.
1.5.3 Historic Preservation
a. The NHPA of 1966 as amended, 54 U.S.C. § 300101 et seq., is part of a comprehensive statutory and regulatory process to preserve historic and archaeological sites. Among other things, this Act created the National Register of Historic Places, the list of National Historic Landmarks, and the various State Historic Preservation Offices. Section 106 of the NHPA mandates that Federal agencies undergo a review process for all Federal undertakings that may impact sites listed on, or eligible for listing on, the National Register of Historic Places to minimize potential harm and damage to historic properties.
b. Protection of Historic Properties, 36 CFR pt. 800, requires Federal agencies to take into account the effects of the undertakings they propose to carry out, license, permit, or assist on historic properties and afford the ACHP a reasonable opportunity to comment on such undertakings.
(1) The CFR establishes the steps of the NHPA Section 106 process: (a) Initiation of the Section 106 Review, (b) Identification of Historic Properties, (c) Assessment of Adverse Effects, and (d) Resolution of Adverse Effects.
(2) When entering into an OA with GSA, GSA will comply on behalf of NASA; when NASA is using the authority under Title 51, NASA will comply.
1.6.1 FRED shall issue, manage, and maintain all NASA real estate and real property policies.
1.6.2 All Centers shall coordinate any Center-level real estate and real property procedures with the RPAO and receive approval from the Director, FRED prior to publishing.
1.6.3 Designation of RPAOs
1.6.3.1 To designate Center RPAOs, except for NOJMO, the Director, FRED shall:
a. Issue the RPAO delegation.
b. Coordinate the RPAO delegation with the COI of each Center.
c. Document the RPAO delegation in writing and furnish copies to:
(1) The employee designated.
(2) The Center Director.
(3) The COI.
(4) The Center CFO.
(5) The Center Chief Counsel, or NASA General Counsel for NASA Headquarters.
(6) The Center Procurement Officer.
1.6.3.2 To designate the NOJMO RPAO, the COI shall issue the delegation or designation in writing and provide it to the Director, FRED.
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