« PreviousContinue »
of land or out of the appropriations made for the contingencies of the acquiring department, independent establishment, or agency.
The Attorney General may, in his discretion, base any opinion as to title required either by this Act or any other law upon either or both of the following: Certificates of title of title companies or such evidence of title as he may deem satisfactory.
The foregoing provisions of this section shall not be construed to affect in any manner any existing provisions of law which are applicable to the acquisition of lands or interests in land by the Tennessee Valley Authority; and nothing in this section shall be construed to affect in any manner any authority which the Secretary of War, the Chief of Engineers, or the Secretary of the Interior have under the provisions of law in force on the date this section as amended takes effect with respect to the approval by them of title to land or interests in land acquired by the War Department or the Department of the Interior, as the case may be. Nor shall the foregoing provisions of this section, or the provisions of any other law, be construed to require any opinion of the Attorney General in connection with the acquisition or improvement of easements and rights-of-way for military or naval purposes; or for the acquisition or improvement of easements and rights-of-way by the Department of Agriculture for forest and other conservation purposes where the cost of any such easement of right-of-way acquired under a single instrument of conveyance and the cost of any improvement thereon does not exceed $2,500; and the Attorney General may, in his discretion, waive the requirement for his opinion in connection with the acquisition or improvement of easements and rights-of-way for other purposes when, in his opinion, such waiver will not jeopardize the interests of the United States.
Notwithstanding any other provision of law, the obtaining of exclusive jurisdiction in the United States over lands or interests therein which have been or shall hereafter be acquired by it shall not be required; but the head or other authorized officer of any department or independent establishment or agency of the Government may, in such cases and at such times as he may deem desirable, accept or secure from the State in which any lands or interests therein under his immediate jurisdiction, custody, or control are situated, consent to or cession of such jurisdiction, exclusive or partial, not theretofore obtained, over any such lands or interests as he may deem desirable and indicate acceptance of such jurisdiction on behalf of the United States by filing a notice of such acceptance with the Governor of such State or in such other manner as may be prescribed by the laws of the State where such lands are situated. Unless and until the United States has accepted jurisdiction over lands hereafter to be acquired as aforesaid, it shall be conclusively presumed that no such jurisdiction has been accepted. (R. S., sec. 355; June 28, 1930,46 Stat. 828; Oct. 9, 1940, 54 Stat. 1083; 40 U.S. C., sec. 255.)
PUBLIC BUILDINGS AND WORKS, GENERALLY
1831. Construction, etc., by Treasury Department of buildings for other executive departments or establishments.-The Secretary of the Treasury may, in his discretion, upon the request of the head of any other executive department, independent establishment, or other Federal agency, cause the Procurement Division, Treasury Department, to carry out the construction of any building or buildings for governmental purposes which any such executive department, establishment, or agency may be authorized to have constructed, including the preparation of plans, drawings, designs, specifications, and estimates, the acquisition of land necessary for sites, the execution of contracts, and supervision of construction: Provided, That funds appropriated to other executive departments, independent establishments, or other Federal agencies for the foregoing purposes shall be available for transfer to and expenditure by the Procurement Division, Treasury Department, in whole or in part, either in reimbursement of the proper appropriations of the Procurement Division, for the cost of such work, or as advances to special accounts for the purpose of providing for the prosecution of said work. (June 25, 1910, sec. 35, 36 Stat. 699; June 15, 1938, 52 Stat. 683; 40 U. S. C., sec. 265.)
1848-1. Compelling return of compensation for public work; kick back; penalty.—That whoever shall induce any person employed in the construction, prosecution, or completion of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, or in the repair thereof to give up any part of the compensation to which he is entitled under his contract of employment, by force, intimidation, threat of procuring dismissal from such employment, or by any other manner whatsoever, shall be fined not more than $5,000, or imprisoned not more than five years, or both. (June 13, 1934, sec. 1, 48 Stat. 948; 40 U. S. C., sec. 276b.)
1848-2. Lease of buildings to Government; maximum rental.-Hereafter no appropriation shall be obligated or expended for the rent of any building or part of a building to be occupied for Government purposes at a rental in excess of the per annum rate of 15 per centum of the fair market value of the rented premises at date of the lease under which the premises are to be occupied by the Government nor for alterations, improvements, and repairs of the rented premises in excess of 25 per centum of the amount of the rent for the first year of the rental term, or for the rental term if less than one year: Provided, That the provisions of this section shall not apply to leases heretofore made, except when renewals thereof are made hereafter, nor to leases of premises in foreign countries for the foreign services of the United States: Provided further, That the provisions of this section as applicable to rentals, shall apply only where the rental to be paid shall exceed $2,000 per annum. (June 30, 1932, sec. 322, 47 Stat. 412; Mar. 3, 1933, Title II, sec. 15, 47 Stat. 1517; 40 U.S. C., sec. 278a.)
1848–3. State Workmen's Compensation Laws extended to United States property within State.—That whatsoever constituted authority of each of the several States is charged with the enforcement of and requiring compliances with the State workmen's compensation laws of said States and with the enforcement of and requiring compliance with the orders, decisions, and awards of said constituted authority of said States hereafter shall have the power and authority to apply such laws to all lands and premises owned or held by the United States of America by deed or act of cession, by purchase or otherwise, which is within the exterior boundaries of any State, and to all projects, buildings, constructions, improvements, and property belonging to the United States of America, which is within the exterior boundaries of any State, in the same way and to the same extent as if said premises were under the exclusive jurisdiction of the State within whose exterior boundaries such place may be. (June 25, 1936, sec. 1, 49 Stat. 1938; 40 U. S. C., sec. 290.)
1848-4. Rights vested in States; limitations. For the purposes set out in section 1 of this Act, the United States of America hereby vests in the several States within whose exterior boundaries such place may be, insofar as the enforcement of State workmen's compensation laws are affected, the right, power, and authority aforesaid: Provided, however, That by the passage of this Act the United States of America in nowise relinquishes its jurisdiction for any purpose over the property named, with the exception of extending to the several States within whose exterior boundaries such place may be only the powers above enumerated relating to the enforcement of their State workmen's compensation laws as herein designated: Provided further, That nothing in this Act shall be construed to modify or amend the United States Employees' Compensation Act as amended from time to time (Act of September 7, 1916, 39 Stat. 742, U. S. C., title 5 and supplement, sec. 751, et seq.). (June 25, 1936, sec. 2, 49 Stat. 1939; 40 U.S. C., sec. 290.)
THE PUBLIC PROPERTY
1851-1. Horses and mules unfit for service to be pastured or destroyed. That notwithstanding the first proviso in the fourth paragraph under the heading “Division of Supply" in title I of the Act entitled "An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1930, and for other purposes”, approved December 20, 1928 (45 Stat. 1030), horses and mules belonging to the United States which have become unfit for service may be destroyed or put out to pasture, either on the pastures belonging to the United States Government or those belonging to financially sound and reputable humane organizations whose facilities permit them to care for them during the remainder of their natural life, at no cost to the Government. (June 15, 1938, 52 Stat. 693; as amended June 3, 1939, 53 Stat. 808; 40 U.S. C., sec. 311b.)
DISPOSITION OF REAL PROPERTY THROUGH COMMISSIONER OF
1860. Disposition, control, and use of real property outside District of Columbia by Federal agencies; assignment of space by Commissioner of Public Buildings; sale authorized. - That notwithstanding any other provisions of law, whenever any real property located outside of the District of Columbia, exclusive of military or naval reservations, heretofore or hereafter acquired by any Federal agency, by judicial process or otherwise in the collection of debts, purchase, donation, condemnation, devise, forfeiture, lease, or in any other manner, is, in whole or in part, declared to be in excess of its needs by the Federal agency having control thereof, or by the President on recommendation of the Federal Works Administrator, the Commissioner of Public Buildings, with the approval of the Federal Works Administrator, is authorized (a) to assign or reassign to any Federal agency or agencies space therein: Provided, That if the Federal agency to which space is assigned does not desire to occupy the space so assigned to it, the decision of the Commissioner of Public Buildings shall be subject to review by the President; or (b) pending a sale, to lease such real property on such terms and for such period not in excess of five years as he may deem in the public interest; or (c) to sell the same at public sale to the highest responsible bidder upon such terms and after such public advertisement as he may deem in the public interest: Provided, That if no bids which are satisfactory as to price and responsibility of bidder are received as a result of such public advertisement, the Commissioner of Public Buildings, with the approval of the Federal Works Administrator, is authorized to sell such property by negotiation, upon such terms as may be deemed to be to the best interest of the Government, but at a price not less that that bid by the highest responsible bidder.” (Aug. 27, 1935, sec. 1, 49 Stat. 885; July 18, 1940, secs. 1, 3, 54 Stat. 764, 765; 40 U. S. C., sec. 304a.)
1861. Repairs or alterations authorized to be made by Commissioner of Public Buildings; payment for repairs where appropriation of Procurement Division is inadequate.—Whenever after investigation it is determined by the Commissioner of Public Buildings that any such real property should be used for the accommodation of any Federal agency or agencies, the Commissioner of Public Buildings is authorized to make any repairs thereto or alterations therof which he deems necessary or advisable and to maintain and operate the same. To the extent that the appropriations of the Public Buildings Administration not otherwise allocated are inadequate for such repairs, alterations, maintenance, or operation, the Commissioner of Public Buildings may require each Federal agency to which space has been assigned therein pursuant to the provisions of section 1 of this Act to pay promptly by check to the Public Buildings Administration out of its appropriation for rent, either in advance of or upon or during occupancy of such space, all or part of the estimated or actual cost of such repairs, alterations, maintenance, and operation: Provided, That the total amount so 'to be paid shall be determined and equitably apportioned by the Commissioner of Public Buildings among the Federal agencies to whom space has been so assigned: Provided further, That the amount so charged against any Federal agency shall be computed at a rate not in excess of that paid as rent by such agency immediately preceding such assignment for space in lieu of which space is so assigned to it, and if it is less the difference shall be deposited in the Treasury as miscellaneous receipts: And provided further, That in the event such space is not assigned in lieu of existing space, the amount so charged shall be computed at a rate not in excess of that which the Commissioner of Public Buildings determines, with the approval of the Federal Works Administrator, would have been paid as rent for corresponding space during the current fiscal year, and if it is less the difference shall be deposited in the Treasury as miscellaneous receipts. If a Federal agency subject to this proviso disagrees with the amount the Commissioner of Public Buildings so determines would have been paid as rent, the determination of the Commissioner of Public Buildings shall be subject to review by the
President. (Aug. 27, 1935, sec. 2, 49 Stat. 886; July 18, 1940, sec. 3,54 Stat. 765; 40 U.S. C., sec. 304b.)
1862. Commissioner of Public Buildings authorized to procure space by lease for periods not in excess of 5 years.—The Commissioner of Public Buildings, with the approval of the Federal Works Administrator, is further authorized to procure space by lease, on such terms and for such period not in excess of five years as he may deem in the public interest, for the housing of any Federal agency or agencies outside of the District of Columbia, except the Post Office Department, and to assign and reassign space therein in the same manner as is authorized with respect to surplus real property by section 1 of this Act, and to require the Federal agencies to whom space is assigned therein to pay the total expenditures required under such lease during its entire term in the manner specified in section 2 of this Act. (Aug. 27, 1935, sec. 3, 49 Stat. 886, July 18, 1940, sec. 3, 54 Stat. 765; 40 U. S. C., sec. 304c.)
1863. Regulations.—The Commissioner of Public Buildings, with the approval of the Federal Works Administrator, is authorized to make such regulations as may be necesary to carry out the provisions of this Act. (Aug. 27, 1935, sec. 4, 49 Stat. 886; July 18, 1940, sec. 3, 54 Stat. 765; 40 U.S. C., sec. 304d.)
1864. Federal agency defined.—The term "Federal agency", as used in this Act, means any executive department, independent establishment, commission, board, bureau, division, or office in the executive branch, or other agency of the United States, including corporations wholly owned by the United States. (Aug. 27, 1935, sec. 5, 49 Stat. 886, July 18, 1940, sec. 3, 54 Stat. 765; 40 U.S. C., sec. 304e.)
1864-1. Same; appropriation authorized to cover costs of disposal; responsibility of Federal agencies prior to acquisition of property by Federal Works Administration. There are hereby authorized to be appropriated such amounts as may be necessary to cover the costs incident to the sale or lease of real property, or demolition of buildings thereon as hereinafter authorized, which have been or may hereafter be declared surplus to the needs of any Federal agency in accordance with the provisions of this Act, and the care, maintenance, and protection thereof, including, but not limited to pay of employees, travel of Government employees, brokers' fees not in excess of rates paid for similar services in the community where the property is situated, appraisals, photographs, surveys, evidence of title and perfecting of defective titles, advertising, and telephone and telegraph charges : Provided, however, That a Federal agency shall remain responsible for the proper care, maintenance, and protection of the aforesaid property, notwithstanding any declaration that the same is in excess of its needs until such time as custody is assumed by the Federal Works Agency or other disposition is made thereof. (Aug. 27, 1935, 49 Stat. 885, Sec. 6, as added July 18, 1940, Sec. 2, 54 Stat. 764.)
1864–2. Same; conditional demolition of buildings authorized.—The Commissioner of Public Buildings, with the approval of the Federal Works Administrator, is authorized, upon their determination that such action will be to the best interest of the Government, to demolish any building declared surplus to the needs of the Gov