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e-CFR data is current as of November 25, 2020

Title 41Subtitle CChapter 102Subchapter C → Part 102-77


Title 41: Public Contracts and Property Management


PART 102-77—ART IN ARCHITECTURE


Contents

Subpart A—General Provisions

§102-77.5   What is the scope of this part?
§102-77.10   What basic Art in Architecture policy governs Federal agencies?

Subpart B—Art in Architecture

§102-77.15   Who funds the Art in Architecture efforts?
§102-77.20   With whom should Federal agencies collaborate when commissioning and selecting art for Federal buildings?
§102-77.21   Is priority given to certain types of works of art when commissioning and selecting art for Federal buildings?
§102-77.22   Are there certain style requirements for statues or works of art that are commissioned to portray historically significant Americans?
102-77.23   Who is considered a historically significant American under this part?
102-77.25   Do Federal agencies have responsibilities to provide national visibility for Art in Architecture?

Authority: 40 U.S.C. 121 and 3306; E.O. 13934.

Source: 85 FR 60384, Sept. 25, 2020, unless otherwise noted.

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Subpart A—General Provisions

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§102-77.5   What is the scope of this part?

The real property policies contained in this part apply to Federal agencies, including GSA's Public Buildings Service, operating under, or subject to, the authorities of the Administrator of General Services.

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§102-77.10   What basic Art in Architecture policy governs Federal agencies?

Federal agencies must incorporate fine arts as an integral part of the total building concept when designing new Federal buildings and when making substantial repairs and alterations to existing Federal buildings, as appropriate. The selected fine arts, including painting, sculpture and artistic work in other media, must reflect the national cultural heritage and emphasize the work of living American artists.

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Subpart B—Art in Architecture

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§102-77.15   Who funds the Art in Architecture efforts?

To the extent not prohibited by law, Federal agencies must fund the Art in Architecture efforts by allocating a portion of the estimated cost of constructing or purchasing new Federal buildings or of completing major repairs and alterations of existing buildings. Funding for qualifying projects, including new construction, building purchases, other building acquisitions, or prospectus-level repair and alteration projects, must be in a range determined by the Administrator of General Services.

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§102-77.20   With whom should Federal agencies collaborate when commissioning and selecting art for Federal buildings?

To the maximum extent practicable, Federal agencies should seek the support and involvement of local citizens in selecting appropriate artwork. Subject to sections 102-77.21 through 102-77.23 of this part, Federal agencies should collaborate with the artist and community to produce works of art that reflect the cultural, intellectual and historic interests and values of a community. In addition, and subject to sections 102-77.21 through 102-77.23, Federal agencies should work collaboratively with the architect of the building and art professionals when commissioning and selecting art for Federal buildings.

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§102-77.21   Is priority given to certain types of works of art when commissioning and selecting art for Federal buildings?

(a) When commissioning works of art, priority must be given to those works that portray historically significant Americans or events of American historical significance, or illustrate the ideals upon which our Nation was founded. Particular priority should be given to public-facing statues of or monuments to former Presidents of the United States and to individuals and events relating to the discovery of America, the founding of the United States and the abolition of slavery or others who contributed positively to America's history.

(b) To the extent appropriate and consistent with applicable law, GSA shall prioritize projects that will result in the installation of a statue in a community where a statue depicting a historically significant American was removed or destroyed in 2020. All works of art commissioned under the Art in Architecture program should be designed to be appreciated by the general public and by those who use and interact with Federal buildings.

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§102-77.22   Are there certain style requirements for statues or works of art that are commissioned to portray historically significant Americans?

Yes. When a commissioned statue or work of art is meant to depict a historically significant American, the statue or work of art must be a lifelike or realistic representation of that person, not an abstract or modernist representation.

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102-77.23   Who is considered a historically significant American under this part?

As used in this part, the term “historically significant American” means an individual who was, or became, an American citizen and was a public figure who made substantive contributions to America's public life or otherwise had a substantive effect on America's history. The phrase also includes public figures such as Christopher Columbus, Junipero Serra, and the Marquis de La Fayette, who lived prior to or during the American Revolution and were not American citizens, but who made substantive historical contributions to the discovery, development, or independence of the future United States.

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102-77.25   Do Federal agencies have responsibilities to provide national visibility for Art in Architecture?

Yes. Federal agencies should provide Art in Architecture that receives appropriate national and local visibility to facilitate participation by a large and diverse group of artists representing a wide variety of types of artwork.

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