40 U.S.C. § 3305 — Construction and alteration of buildings

Page 129 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3305 demnation, donation, exchange, or otherwise, any building and its site which the Adminis- trator decides is necessary to carry out the du- ties of the Administrator under this chapter. (b) ACQUISITION OF LAND OR INTEREST IN LAND FOR USE AS SITES.—The Administrator may ac- quire, by purchase, condemnation, donation, ex- change, or otherwise, land or an interest in land the Administrator considers necessary for use as sites, or additions to sites, for public buildings authorized to be constructed or altered under this chapter. (c) PUBLIC BUILDINGS USED FOR POST OFFICE PURPOSES.—When any part of a public building is to be used for post office purposes, the Admin- istrator shall act jointly with the United States Postal Service in selecting the town or city where the building is to be constructed, and in selecting the site in the town or city for the building. (d) SOLICITATION OF PROPOSALS FOR SALE, DO- NATION, OR EXCHANGE OF REAL PROPERTY.—When the Administrator is to acquire a site under sub- section (b), the Administrator, if the Adminis- trator considers it necessary, by public adver- tisement may solicit proposals for the sale, do- nation, or exchange of real property to the Fed- eral Government to be used as the site. In se- lecting a site under subsection (b) the Adminis- trator (with the concurrence of the United States Postal Service if any part of the public building to be constructed on the site is to be used for post office purposes) may— (1) select the site that the Administrator be- lieves is the most advantageous to the Govern- ment, all factors considered; and (2) acquire the site without regard to divi- sion C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1158; Pub. L. 108–178, § 3(1), Dec. 15, 2003, 117 Stat. 2640; Pub. L. 111–350, § 5(l)(15), Jan. 4, 2011, 124 Stat. 3852.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3304(a) ........ 40:602. Pub. L. 86–249, §§ 3, 5, Sept. 9, 1959, 73 Stat. 479. 3304(b) ........ 40:604(a). 3304(c) ........ 40:604(b). 3304(d) ........ 40:604(c). In subsections (c) and (d), the words ‘‘United States Postal Service’’ are substituted for ‘‘Postmaster Gen- eral’’ in subsections (b) and (c) of section 5 of the Pub- lic Buildings Act of 1959 (Public Law 86–249, 73 Stat. 479) because of section 4(a) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773). Editorial Notes AMENDMENTS 2011—Subsec. (d)(2). Pub. L. 111–350 substituted ‘‘divi- sion C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ for ‘‘title III of the Fed- eral Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’. 2003—Subsec. (b). Pub. L. 108–178 inserted ‘‘, by pur- chase, condemnation, donation, exchange, or other- wise,’’ after ‘‘The Administrator may acquire’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees. § 3305. Construction and alteration of buildings (a) CONSTRUCTION.— (1) REPLACEMENT OF EXISTING BUILDINGS.— When the Administrator of General Services considers it to be in the best interest of the Federal Government to construct a new public building to take the place of an existing public building, the Administrator may demolish the existing building and use the site on which it is located for the site of the proposed public building. If the Administrator believes that it is more advantageous to construct the public building on a different site in the same city, the Administrator may exchange the building and site, or the site, for another site, or may sell the building and site in accordance with subtitle I of this title and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. (2) SALE OR EXCHANGE OF SITES.—When the Administrator decides that a site acquired for the construction of a public building is not suitable for that purpose, the Administrator may exchange the site for another site, or may sell it in accordance with subtitle I of this title and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. (3) COMMITTEE APPROVAL REQUIRED.—This subsection does not permit the Administrator to use any land as a site for a public building if the project has not been approved in accord- ance with section 3307 of this title. (b) ALTERATION OF BUILDINGS.— (1) AUTHORITY TO ALTER BUILDINGS AND AC- QUIRE LAND.—The Administrator may— (A) alter any public building; and (B) acquire in accordance with section 3304(b)–(d) of this title land necessary to carry out the alteration. (2) COMMITTEE APPROVAL NOT REQUIRED.— (A) THRESHOLD AMOUNT.—Approval under section 3307 of this title is not required for any alteration and acquisition authorized by this subsection for which the estimated maximum cost does not exceed $1,500,000. (B) DOLLAR AMOUNT ADJUSTMENT.—The Ad- ministrator annually may adjust the dollar amount referred to in subparagraph (A) to reflect a percentage increase or decrease in construction costs during the prior calendar year, as determined by the composite index of construction costs of the Department of Commerce. Any adjustment shall be expedi- tiously reported to the Committee on Envi- ronment and Public Works of the Senate and the Committee on Transportation and Infra- structure of the House of Representatives. (c) CONSTRUCTION OR ALTERATION BY CON- TRACT.—The Administrator may carry out any construction or alteration authorized by this chapter by contract if the Administrator con- 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,