40 U.S.C. § 1101 — Policy

Page 92 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 904 § 904. Disposal (a) NOTICE TO LOCAL GOVERNMENT.—Before of- fering real property situated in an urban area for sale, the Administrator of General Services shall give reasonable notice to the unit of gen- eral local government exercising zoning and land use jurisdiction in order to provide an op- portunity for zoning so that the property is used in accordance with local comprehensive plan- ning described in subsection (c). (b) NOTICE TO PROSPECTIVE PURCHASERS.—To the greatest extent practicable, the Adminis- trator shall furnish to all prospective purchasers of real property situated in an urban area com- plete information concerning— (1) current zoning regulations, prospective zoning requirements, and objectives for prop- erty if it is unzoned; and (2)(A) the current availability of streets, sidewalks, sewers, water, street lights, and other service facilities; and (B) the prospective availability of those service facilities if the property is included in local comprehensive planning described in subsection (c). (c) LOCAL COMPREHENSIVE PLANNING.—Local comprehensive planning referred to in sub- sections (a) and (b) includes any of the following activities, to the extent the activity is directly related to the needs of a unit of general local government: (1) As a guide for government policy and ac- tion, preparing general plans related to— (A) the pattern and intensity of land use; (B) the provision of public facilities (in- cluding transportation facilities) and other government services; and (C) the effective development and use of human and natural resources. (2) Preparing long-range physical and fiscal plans for government action. (3) Programming capital improvements and other major expenditures, based on a deter- mination of relative urgency, together with definitive financial planning for expenditures in the earlier years of a program. (4) Coordinating related plans and activities of state and local governments and agencies. (5) Preparing regulatory and administrative measures to support activities described in this subsection. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1128.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 904(a), (b) ... 40:532. June 30, 1949, ch. 288, title VIII, §§ 803, 806(c), as added Pub. L. 90–577, title V, § 501, Oct. 16, 1968, 82 Stat. 1105. 904(c) ......... 40:535(c). In subsection (a), the words ‘‘Whenever the Adminis- trator contemplates the disposal for or on behalf of any Federal agency of’’ and ‘‘such land’’ are omitted as un- necessary. The words ‘‘the head of the governing body of’’ are omitted for consistency in the chapter. The words ‘‘exercising zoning and land-use jurisdiction’’ are substituted for ‘‘having jurisdiction over zoning and land-use regulation in the geographical area within which the land or lands are located’’ to eliminate un- necessary words and for consistency in the chapter. In subsection (c)(2), the word ‘‘Preparing’’ is added for clarity. § 905. Waiver The procedures prescribed in sections 903 and 904 of this title may be waived during a period of national emergency proclaimed by the Presi- dent. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1129.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 905 ............. 40:534. June 30, 1949, ch. 288, title VIII, § 805, as added Pub. L. 90–577, title V, § 501, Oct. 16, 1968, 82 Stat. 1105. CHAPTER 11—SELECTION OF ARCHITECTS AND ENGINEERS Sec. 1101. Policy. 1102. Definitions. 1103. Selection procedure. 1104. Negotiation of contract. § 1101. Policy The policy of the Federal Government is to publicly announce all requirements for architec- tural and engineering services and to negotiate contracts for architectural and engineering services on the basis of demonstrated com- petence and qualification for the type of profes- sional services required and at fair and reason- able prices. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1129.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1101 ............ 40:542. June 30, 1949, ch. 288, title IX, § 902, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1279. The words ‘‘The Congress hereby declares’’ are omit- ted as unnecessary. § 1102. Definitions In this chapter, the following definitions apply: (1) AGENCY HEAD.—The term ‘‘agency head’’ means the head of a department, agency, or bureau of the Federal Government. (2) ARCHITECTURAL AND ENGINEERING SERV- ICES.—The term ‘‘architectural and engineer- ing services’’ means— (A) professional services of an architec- tural or engineering nature, as defined by state law, if applicable, that are required to be performed or approved by a person li- censed, registered, or certified to provide the services described in this paragraph; (B) professional services of an architec- tural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and (C) other professional services of an archi- tectural or engineering nature, or incidental services, which members of the architectural