41 C.F.R. §§ 102-83.85

Current through November 30, 2024
Section 102-83.85 - In addition to Federal agency mission, security and program requirements, what other factors and principles must agencies consider when establishing a potential delineated area and planning for location decisions?
(a) In addition to agency mission, security and program requirements, Federal agencies also must give serious consideration to the impact a location decision will have on improving the social, economic, environmental, and cultural conditions of communities, including those that have been historically harmed by environmental injustice and inequality, as well as avoiding harm to such communities, while at the same time promoting efficient and cost-effective Government real estate management. These factors and principles derive from the relevant authorities in this part and include the following:
(1) Cost to the Government, including both upfront real estate acquisition as well as long-term operating costs;
(2) Opportunities to reduce the Federal real estate footprint and optimize agency space usage;
(3) Ability to manage the local Federal real estate portfolio strategically to optimize effective operations over the long term; and
(4) Consideration of the competition requirements under CICA, if applicable to the site location decision.
(b) In addition to agency mission, security and program requirements, Federal agencies also must consider a series of factors meant to promote Federal investment that supports larger Federal program goals and local development objectives. These factors include the following:
(1) Compatibility with State and local economic development objectives, such as local and regional comprehensive plans, housing and transportation plans, neighborhood scale plans and local plans covering sustainability and resilience goals. When planning for location decisions, agencies should align, where possible, with local and regional planning goals. Agencies should meaningfully engage with local officials and community members potentially impacted by a location decision and consider their recommendations in light of Federal mission needs and equitability and sustainability goals, including where affected populations have experienced historic and ongoing harms due to environmental injustice and inequality;
(2) Promoting environmentally sustainable development, reduced greenhouse gas emissions, increased resilience to the impacts of climate change, and stewardship of regional natural resources;
(3) Maximizing the use of existing resources by leveraging investment in existing infrastructure;
(4) Prioritizing development of brownfields (properties, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant), greyfields (previously developed land that is underutilized) and infill development;
(5) Locating facilities along transportation corridors to encourage the use of alternate modes of transportation, and seeking efficient locations that provide a variety of transportation options for employees and the public, especially walking, biking and public transit options, while maximizing use of existing infrastructure and minimizing employee and visitor travel by car;
(6) Prioritizing central business districts, existing employment centers and rural town centers, and locating in areas that are accessible by public transit, where it exists, to a broad range of the workforce and population, such as those seeking services or needing to visit Federal space locations;
(7) Avoiding development in floodplains or impacts to wetlands to the extent practicable;
(8) Fostering protection of the natural environment by preserving ecosystems, including native ecosystems, avoiding development of green space, and promoting climate change adaptation planning;
(9) Advancing environmental justice and equitable development; and
(10) Advancing Federal and local historic preservation objectives and promoting the preservation of historic resources and other existing buildings.
(c) The factors listed in paragraphs (a) and (b) of this section must be considered when applying the hierarchy of geographic consideration in § 102-83.90. The optimal Federal location decision is the choice that meets Federal agency mission, security and program requirements and is cost effective, while leveraging Federal development in support of these other Federal programs policies and goals, as well as local development objectives.

41 C.F.R. §§102-83.85

89 FR 29269 , 5/22/2024