40 U.S.C. § 3306 — Accommodating federal agencies

Page 130 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3306 siders it to be most advantageous to the Govern- ment. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1159; Pub. L. 111–350, § 5(l)(16), Jan. 4, 2011, 124 Stat. 3852.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3305(a) ........ 40:605. Pub. L. 86–249, §§ 6, 9, Sept. 9, 1959, 73 Stat. 479, 481. 3305(b)(1) .... 40:603(a). Pub. L. 86–249, § 4, Sept. 9, 1959, 73 Stat. 479; Pub. L. 92–313, § 2(1), June 16, 1972, 86 Stat. 216; Pub. L. 100–678, § 2, Nov. 17, 1988, 102 Stat. 4049. 3305(b)(2)(A) 40:603(b). 3305(b)(2)(B) 40:606(f) (related to 40:603(b)). Pub. L. 86–249, § 7(f) (related to § 4(b)), Sept. 9, 1959, as added Pub. L. 100–678, § 4, Nov. 17, 1988, 102 Stat. 4050. 3305(c) ........ 40:608. In subsection (a)(1) and (2), the words ‘‘and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’ are added to provide an accurate literal translation of the words ‘‘this Act’’, meaning the Federal Property and Administrative Services Act of 1949. See the revision note under sec- tion 111 of this title. In subsection (b)(2)(B), the words ‘‘Transportation and Infrastructure’’ are substituted for ‘‘Public Works and Transportation’’ in section 7(f) of the Public Build- ings Act of 1959 (Public Law 86–249, 73 Stat. 480) because of section 1(a)(9) of the Act of June 3, 1995 (Public Law 104–14, 2:21 note prec.). Editorial Notes AMENDMENTS 2011—Subsec. (a)(1), (2). Pub. L. 111–350 substituted ‘‘division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ for ‘‘title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’. § 3306. Accommodating federal agencies (a) DEFINITIONS.—In this section— (1) COMMERCIAL ACTIVITIES.—The term ‘‘com- mercial activities’’ includes the operations of restaurants, food stores, craft stores, dry goods stores, financial institutions, and dis- play facilities. (2) CULTURAL ACTIVITIES.—The term ‘‘cul- tural activities’’ includes film, dramatic, dance, and musical presentations, and fine art exhibits, whether or not those activities are intended to make a profit. (3) EDUCATIONAL ACTIVITIES.—The terms ‘‘educational activities’’ includes the oper- ations of libraries, schools, day care centers, laboratories, and lecture and demonstration facilities. (4) HISTORICAL, ARCHITECTURAL, OR CULTURAL SIGNIFICANCE.—The term ‘‘historical, architec- tural, or cultural significance’’ includes build- ings listed or eligible to be listed on the Na- tional Register established under chapter 3021 of title 54. (5) RECREATIONAL ACTIVITIES.—The term ‘‘recreational activities’’ includes the oper- ations of gymnasiums and related facilities. (6) UNIT OF GENERAL LOCAL GOVERNMENT.— The term ‘‘unit of general local government’’ means a city, county, town, parish, village, or other general-purpose political subdivision of a State. (b) DUTIES OF ADMINISTRATOR.—To carry out the duties of the Administrator of General Serv- ices under sections 581(h), 584(b), 3303(c), and 3307(b)(3) and (5) of this title and under any other authority with respect to constructing, operating, maintaining, altering, and otherwise managing or acquiring space necessary to ac- commodate federal agencies and to accomplish the purposes of sections 581(h), 584(b), 3303(c), and 3307(b)(3) and (5), the Administrator shall— (1) acquire and utilize space in suitable buildings of historical, architectural, or cul- tural significance, unless use of the space would not prove feasible and prudent com- pared with available alternatives; (2) encourage the location of commercial, cultural, educational, and recreational facili- ties and activities in public buildings; (3) provide and maintain space, facilities, and activities, to the extent practicable, that encourage public access to, and stimulate pub- lic pedestrian traffic around, into, and through, public buildings, permitting coopera- tive improvements to and uses of the area be- tween the building and the street, so that the activities complement and supplement com- mercial, cultural, educational, and rec- reational resources in the neighborhood of public buildings; and (4) encourage the public use of public build- ings for cultural, educational, and rec- reational activities. (c) CONSULTATION AND SOLICITATION OF COM- MENTS.—In carrying out the duties under sub- section (b), the Administrator shall— (1) consult with chief executive officers of the States, areawide agencies established pur- suant to title II of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3331 et seq.) and section 6506 of title 31, and chief executive officers of those units of general local government in each area served by an existing or proposed public building; and (2) solicit the comments of other community leaders and members of the general public as the Administrator considers appropriate. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1160; Pub. L. 113–287, § 5(j)(6), Dec. 19, 2014, 128 Stat. 3269.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3306(a)(1) .... 40:612a(5). Pub. L. 94–541, title I, §§ 102, 105(3)–(8), Oct. 18, 1976, 90 Stat. 2505, 2507. 3306(a)(2) .... 40:612a(6). 3306(a)(3) .... 40:612a(7). 3306(a)(4) .... 40:612a(4). 3306(a)(5) .... 40:612a(8). 3306(a)(6) .... 40:612a(3). 3306(b) ........ 40:601a(a). 3306(c) ........ 40:601a(b). In subsection (b)(1), the word ‘‘historical’’ is sub- stituted for ‘‘historic’’ to conform to the defined term. In subsection (c)(1), the words ‘‘chief executive offi- cers of the States’’ are substituted for ‘‘Governors’’ for clarity and for consistency in the revised title and with other titles of the United States Code. The words ‘‘sec- tion 6506 of title 31’’ are substituted for ‘‘title IV of the Intergovernmental Cooperation Act of 1968’’ in section 102(b) of the Public Buildings Cooperative Use Act of 1976 (Public Law 94–541, 90 Stat. 2505) because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, Page 131 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3307 96 Stat. 1067), the first section of which enacted Title 31, United States Code. Editorial Notes REFERENCES IN TEXT The Demonstration Cities and Metropolitan Develop- ment Act of 1966, referred to in subsec. (c)(1), is Pub. L. 89–754, Nov. 3, 1966, 80 Stat. 1255. Title II of the Act is classified generally to subchapter II (§ 3331 et seq.) of chapter 41 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3331 of Title 42 and Tables. AMENDMENTS 2014—Subsec. (a)(4). Pub. L. 113–287 substituted ‘‘chap- ter 3021 of title 54’’ for ‘‘section 101 of the National His- toric Preservation Act (16 U.S.C. 470a)’’. Executive Documents EX. ORD. NO. 13006. LOCATING FEDERAL FACILITIES ON HISTORIC PROPERTIES IN OUR NATION’S CENTRAL CITIES Ex. Ord. No. 13006, May 21, 1996, 61 F.R. 26071, as amended by Ex. Ord. No. 13946, § 2, Aug. 24, 2020, 85 F.R. 52879; Ex. Ord. No. 14091, § 6(c), Feb. 16, 2023, 88 F.R. 10830, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Historic Preservation Act (16 U.S.C. 470 et seq.) [see 54 U.S.C. 300101 et seq.] and the Public Buildings Cooperative Use Act of 1976 (90 Stat. 2505) [title I of Pub. L. 94–541, see 40 U.S.C. 3306 and Tables for classification], and in furtherance of and consistent with Executive Order No. 12072 of August 16, 1978 [40 U.S.C. 121 note], and Executive Order No. 11593 of May 13, 1971 [54 U.S.C. 300101 note], it is hereby or- dered as follows: SECTION 1. Statement of Policy. Through the Adminis- tration’s community empowerment initiatives, the Federal Government has undertaken various efforts to revitalize our central cities, which have historically served as the centers for growth and commerce in our metropolitan areas. Accordingly, the Administration hereby reaffirms the commitment set forth in Execu- tive Order No. 12072 to strengthen our Nation’s cities by encouraging the location of Federal facilities in our central cities. The Administration also reaffirms the commitments set forth in the National Historic Preser- vation Act to provide leadership in the preservation of historic resources, and in the Public Buildings Coopera- tive Use Act of 1976 to acquire and utilize space in suit- able buildings of historic, architectural, or cultural sig- nificance. To this end, the Federal Government shall utilize and maintain, wherever operationally appropriate and eco- nomically prudent, historic properties and districts, es- pecially those located in our central business areas. When implementing these policies, the Federal Govern- ment shall institute practices and procedures that are sensible, understandable, and compatible with current authority and that impose the least burden on, and pro- vide the maximum benefit to, society. SEC. 2. Encouraging the Location of Federal Facilities on Historic Properties in Our Central Cities. When operation- ally appropriate and economically prudent, and subject to the requirements of section 601 of title VI of the Rural Development Act of 1972, as amended (42 U.S.C. 3122) [now 7 U.S.C. 2204b–1], and Executive Order No. 12072, when locating Federal facilities, Federal agencies shall give first consideration to historic properties within historic districts. If no such property is suit- able, then Federal agencies shall consider other devel- oped or undeveloped sites within historic districts. Fed- eral agencies shall then consider historic properties outside of historic districts, if no suitable site within a district exists. Any rehabilitation or construction that is undertaken pursuant to this order must be architecturally compatible with the character of the surrounding historic district or properties. SEC. 3. Identifying and Removing Regulatory Barriers. Federal agencies with responsibilities for leasing, ac- quiring, locating, maintaining, or managing Federal fa- cilities or with responsibilities for the planning for, or managing of, historic resources shall take steps to re- form, streamline, and otherwise minimize regulations, policies, and procedures that impede the Federal Gov- ernment’s ability to establish or maintain a presence in historic districts or to acquire historic properties to satisfy Federal space needs, unless such regulations, policies, and procedures are designed to protect human health and safety or the environment. Federal agencies are encouraged to seek the assistance of the Advisory Council on Historic Preservation when taking these steps. SEC. 4. Improving Preservation Partnerships. In car- rying out the authorities of the National Historic Pres- ervation Act, the Secretary of the Interior, the Advi- sory Council on Historic Preservation, and each Fed- eral agency shall seek appropriate partnerships with States, local governments, Indian tribes, and appro- priate private organizations with the goal of enhancing participation of these parties in the National Historic Preservation Program. Such partnerships should em- body the principles of administrative flexibility, re- duced paperwork, and increased service to the public. SEC. 5. Judicial Review. This order is not intended to create, nor does it create, any right or benefit, sub- stantive or procedural, enforceable at law by a party against the United States, its agencies or instrumen- talities, its officers or employees, or any other person. § 3307. Congressional approval of proposed projects (a) RESOLUTIONS REQUIRED BEFORE APPROPRIA- TIONS MAY BE MADE.—The following appropria- tions may be made only if the Committee on En- vironment and Public Works of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives adopt resolutions approving the purpose for which the appropriation is made: (1) An appropriation to construct, alter, or acquire any building to be used as a public building which involves a total expenditure in excess of $1,500,000, so that the equitable dis- tribution of public buildings throughout the United States with due regard for the com- parative urgency of need for the buildings, ex- cept as provided in section 3305(b) of this title, is ensured. (2) An appropriation to lease any space at an average annual rental in excess of $1,500,000 for use for public purposes. (3) An appropriation to alter any building, or part of the building, which is under lease by the Federal Government for use for a public purpose if the cost of the alteration will ex- ceed $750,000. (b) TRANSMISSION TO CONGRESS OF PROSPECTUS OF PROPOSED PROJECT.—To secure consideration for the approval referred to in subsection (a), the Administrator of General Services (referred to in this section as the ‘‘Administrator’’) shall transmit to Congress a prospectus of the pro- posed facility, including— (1) a brief description of the building to be constructed, altered, or acquired, or the space to be leased, under this chapter; (2) the location of the building or space to be leased and an estimate of the maximum cost to the Government of the facility to be con-