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 | Preface | Chapter1 | Chapter2 | Chapter3 | Chapter4 | Chapter5 | Chapter6 | Chapter7 | Chapter8 | AppendixA | AppendixB | AppendixC | AppendixD | AppendixE | ALL | |
4.1.1 Chapter 4 of this NPR describes the policies and procedures NASA uses to acquire real property assets to support NASA missions. It includes references to laws, policies, and principles related to the NASA real property acquisition process.
4.1.2 The requirements in this chapter apply to real property assets acquired by:
a. Purchase, condemnation, gift, or transfer from another Federal agency.
b. Lease, further defined in Chapter 6 of this NPR.
c. Easement, ROW, license, permit, or other use agreement.
d. Land withdrawal from the U.S. Bureau of Land Management.
4.1.3 Procedures for recording transfer and acceptance of real property assets can be found in Section 2.3 of this NPR.
4.1.4 Requirements in this chapter do not apply to real property assets acquired by construction on real property (land) already owned or under the control of NASA. Policies and procedures for construction of new assets can be found in NPR 8820.2.
4.2.1 acquire real property by purchase, lease, condemnation, or otherwise.
4.2.2 14 CFR § 1204.50112 delegates the authority to acquire real property to the Assistant Administrator, OSI and the Director, FRED.
4.2.2.1 The Director, FRED, or delegate, is responsible for ensuring coordinating with and obtaining the concurrence of Mission Directorates and other NASA Headquarters senior management officials to acquire real property.
4.2.2.2 The Director, FRED, or delegate, shall coordinate and approve real property matters involving international locations with OGC and OIIR. NASA Headquarters will coordinate with the U.S. Department of Justice (DOJ) and the U.S. Department of State as required.
4.3.1 The RPAO shall coordinate all Center requests for acquisitions of real property through the COI and submit the requests to FRED.
4.3.2 All real property acquisitions are assessed and evaluated against reduction goals established by FRED.
4.4.1 The RPAO shall submit an Internal Notice of Potential Action (INoPA) for all real property acquisitions to the Director, FRED, or delegate prior to conducting the prerequisites.
4.4.2 Upon preliminary approval and prior to submitting the official request for acquisition, the RPAO shall work with the FPM and Mission Directorate, to include CPMs, to ensure that the acquisition meets historical, environmental, and sustainability prerequisites.
a. The RPAO shall coordinate real property acquisitions 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, NPR 8510.1, and NPR 8580.1.
b. To support the acquisition process, the RPAO shall prepare and complete an environmental review pursuant to NEPA (NPR 8580.1), EDD (EDD Desk Guide), and Section 106 of the NHPA (NPR 8510.1), prior to acquisition.
(1) The RPAO shall coordinate with the CNM to complete the NEPA documentation needed and advise if funding is needed to retain a NEPA contractor.
(2) The RPAO shall ensure that the appropriate level of EDD has been completed based on the type of real estate transaction being proposed.
c. The RPAO shall ensure that real property acquisitions including leases comply with statutory and other requirements regarding high-performance sustainable buildings, including the Guiding Principles for Sustainable Federal Buildings Associated Instructions.13 The Guiding Principles align with the definition of a high-performance green building established in the Energy Independence and Security Act of 2007 (42 U.S.C. § 17061(13)) and serve as guidelines for Federal agencies to assess progress towards the sustainability metrics associated with their real property assets in accordance with the statutory duties of executive agencies (40 U.S.C. § 524).
d. If the site or structure to be acquired is found to be or is known to be contaminated and requires remediation, the RPAO shall prepare acquisition documents that identify the responsibility of parties for remediation. Such a site or structure should only be considered when there is no alternative uncontaminated site that meets mission requirements. In the event of contamination, the contractual acquisition document should identify and assign clean-up/ remediation to the responsible party.
e. Prior to the decision to acquire contaminated property, the RPAO shall notify the NASA Environmental Management Division (EMD) Restoration Program Manager for approval and eligibility of future expenditure of Environmental Compliance and Restoration (ECR) Program resources and development of unfunded environmental liability.
4.4.3 Safety and Health Considerations
4.4.3.1 The FPM shall coordinate real property acquisitions with the Center's Safety and Mission Assurance (SMA) Office as early as possible to ensure that all safety and health hazards, issues, and concerns have been addressed.
4.4.3.2 The Center's SMA Office shall ensure that safety and health documentation is prepared and maintained at the Center. This includes a SBS to identify potential safety and health hazards and concerns. The SBS may include previous safety, health, and/or facility deficiencies from inspections. In many cases, required abatement actions will need to be completed prior to the actual transfer of the property.
4.4.3.3 NPR 8715.3, NASA General Safety Program Requirements, and NASA-STD-8719.7, Facility System Safety Guidebook provide additional requirements and guidance.
4.4.4 Uniform Relocation Assistance Considerations
4.4.4.1 The Uniform Relocation Assistance program provides uniform, fair, and equitable treatment of persons whose real property is acquired or who are displaced in connection with Federally funded projects.
4.4.4.2 The Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs, 42 U.S.C. § 4601 ch. 61, is implemented through regulations in 49 CFR pt. 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs, and applies to NASA through 14 CFR pt. 1208, NASA Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs. 14 CFR pt. 1208 pertains to any NASA real property acquisition that displaces a property owner.
4.4.4.3 FRED shall coordinate with the appropriate Federal authorities to determine whether Federal funds may be used to assist with the displaced property owner's relocation expenses.
4.4.5 Title Approval Considerations
4.4.5.1 Before public money is expended to acquire land or any interest in land for the Federal Government, the Attorney General of the United States is required to approve the sufficiency of title to the land as stated in 40 U.S.C. § 3111, Approval of sufficiency of title prior to acquisition. This requirement applies to the acquisition of real property for any purpose, including but not limited to easements and leases of a term greater than 30 years, real property purchased by NASA, and real property donated to NASA, in accordance with National and Commercial Space Programs, 51 U.S.C.
4.4.5.2 The Attorney General's title approval responsibilities have been delegated to the Assistant Attorney General, Environment and Natural Resources Division and day-to-day administration is further delegated to the Title Unit in the Lands Acquisition Section of the Environment and Natural Resources Division. The Title Unit may be contacted to answer any questions or provide any assistance needed regarding title approval issues.
4.4.5.3 DOJ authority regarding approval responsibilities is also delegated to specific Federal agencies, including the U.S. Army Corps of Engineers. Those agencies with delegated authority may be used to assist NASA in the acquisition of real estate.
4.4.5.4 FRED shall gain clear title after approval to acquire real property. The process of obtaining satisfactory evidence of good title should be started early in the acquisition process.
4.4.5.5 NASA is also responsible for ensuring that the real property to be acquired is inspected. The RPAO shall complete a Certificate of Inspection and Possession and submit it to FRED. FRED will coordinate the submission of the certificate to DOJ through the OGC.
4.5.1 If a Center requires the acquisition of real property, the Center Director (or a Center senior management official with delegated authority from the Center Director) shall forward official requests for approval to acquire real property to the RPAO.
4.5.1.1 Center Directors shall sign all requests to acquire real property by purchase, gift, condemnation, transfer, or in-grant.
4.5.1.2 Center Directors shall ensure coordination of all acquisition activity with the RPAO and the COI.
4.5.1.3 All official requests for approval to acquire real property require the approval of the Director, FRED, or their delegate.
4.5.2 The REB Chief shall ensure that the Director, FRED is fully informed of significant actions or problems related to any real property acquisition actions proposed or in process.
4.5.3 If the real property proposed to be acquired is privately held, the Center Director shall ensure that the request includes justification of the proposed acquisition, including supporting documentation and OGC's concurrence that the proposed action is legally sufficient.
4.5.4 Centers requesting approval for real property acquisitions shall prepare a business case in accordance with the NASA Business Case Guide for Real Property and Facilities Project Investments.
a. The RPAO shall assist the Center in the preparation of the business case and ensure proper coordination with Center Stakeholders in accordance with the NASA Business Case Guide for Real Property and Facilities Project Investments.
b. The Center shall include in the business case a Life-Cycle Cost Analysis for the acquisition using Economic Analysis Package (ECONPACK) software from the U.S. Army Corps of Engineers.
c. No acquisition actions, including negotiations may be initiated without prior approval of the business case by FRED.
4.5.5 Supplemental Information Regarding the Availability of Other Sites
4.5.5.1 RPAOs shall supplement requests for approval to acquire real property with information about the availability of other potential sites, both Government- and non-Government-owned, including:
a. Criteria used in site selection.
b. Comparison of advantages of requested site over other available sites.
c. Efforts to comply with 51 U.S.C. § 30309,14 which requires investigating use of abandoned and underutilized Federal buildings, grounds, and facilities in depressed communities.
d. Steps taken to address E. O. 12072, Federal Space Management and E. O. 13006, Locating Federal Facilities on Historic Properties in Our Nation's Central Cities.
4.5.5.2 Rural Considerations
Section 601 of the RDA of 1972, as amended, 7 U.S.C. § 2204b-1, requires Federal agencies to maintain departmental policies and procedures that give rural areas priority for the location of new offices and other facilities.
a. Rural areas are defined in 41 CFR § 102-83.55. If property proposed for acquisition is not in a rural area as defined in the RDA of 1972, 7 U.S.C. § 2204b-1, Centers shall provide written justification, including the following:
(1) Reasons why the office or other facility needs to be located at the chosen site.
(2) Efforts made to locate in a rural area.
(3) Effects on the project or program if the location is changed to a rural area.
RPAOs shall explain any significant variations from siting standards outlined in real property acquisition documents that may exist in connection with the proposed acquisition.
RPAOs shall create a preliminary schedule and identify the steps in the acquisition process, as coordinated with the FPM.
RPAOs should anticipate any potential adverse consequences resulting from an acquisition and report possible disadvantages along with suggestions for correction.
RPAOs should explain any contingencies that could prevent or delay the acquisition or require reversal of decision to acquire.
4.6.1 NASA-Owned Real Property
NASA-owned buildings and structures, including those under construction or planned for future construction, should be named for their purpose (e.g., Administration Building, Rocket Research Building, etc.).
4.6.1.1 NASA-owned buildings and structures may be named for persons only in extraordinary circumstances. The contributions of such persons to the Nation, NASA, or humanity should be so great that no other form of Agency recognition would be appropriate. Instead, priority should be given to recognizing the achievements of such persons in the proposed name or capturing the spirit of unity or goals of such persons.
a. Consideration also should be given to the diversity of the campus and whether the proposed name reflects NASA's commitment to inclusion.
b. Except in extraordinary circumstances, NASA real property should be named after individuals posthumously.
4.6.1.2 Center Directors and the Director, NOJMO shall submit all requests to the RPAO for approval by the Director, FRED before naming buildings or other NASA real property after NASA employees or other persons. Such requests will include the proposed name of the building and all related background information.
4.6.1.3 Centers may consider naming meeting rooms or libraries after persons making significant contributions to NASA. Alternatively, Centers may establish a memorial grove of trees or a memorial area, such as a reception area in which a plaque is dedicated to persons who have provided extraordinary service. Center Directors and the Director, NOJMO shall also submit these requests to the RPAO for approval by the Director, FRED.
4.6.1.4 Roads and streets on NASA-owned property are named using a commonly accepted system of designating a number, letter, or a combination thereof. Appropriate nouns such as geographic locations, places or events of American historical significance, scientific derivations, distinguished Americans, or landmark NASA projects and programs may also be used. Center Directors and the Director, NOJMO shall also submit these requests to the RPAO for approval by the Director, FRED.
4.6.1.5 All Center stakeholders shall review all requests for naming NASA-owned real property after a person, place, event, project, or program before the RPAO submits these requests for approval to the Director, FRED. This includes the CRM, who will determine whether Section 106 of the NHPA applies.
4.6.1.6 A NASA Office of Communication (OCOMM) historian should be a member of any naming team or included early in any consideration process with responsibility for providing a verifiable review of the name being considered.
4.6.1.7 The RPAO shall collect and validate all requests for naming real property from the Center and submit the requests for approval to the Director, FRED.
4.6.1.8 All official renaming of Federal buildings occurs through Congressional processing. The RPAO shall coordinate this activity with OGC, OCOMM, and OLIA.
4.6.1.9 Naming a Center, Component Facility, or Technical and Service Support Center requires Congressional approval. The RPAO shall coordinate name change proposals with OGC, OCOMM, and OLIA.
4.6.2 Public Property and Public Buildings Not Owned By NASA
4.6.2.1 Communities and cities often request concurrence to name public schools in honor of fallen astronauts. OCOMM has the authority and responsibility to process requests to name schools. Points of contact have been established at each NASA Center. All school naming requests will be referred to the appropriate Center point of contact, who will track the request to completion.
4.6.2.2 Center Directors and the Director of NOJMO shall submit requests for naming schools to OCOMM with a copy to the Center RPAO.
| TOC | Preface | Chapter1 | Chapter2 | Chapter3 | Chapter4 | Chapter5 | Chapter6 | Chapter7 | Chapter8 | AppendixA | AppendixB | AppendixC | AppendixD | AppendixE | ALL | |
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