§3304 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

The Administrator of General Services can get any building and its land needed to do the Administrator’s work by buying it, taking it by eminent domain, accepting it as a gift, swapping, or other methods. The Administrator can also get land or land rights needed as sites or additions for public buildings that will be built or changed under this chapter. If any part of a building will be used as a post office, the Administrator must choose the town and the exact site together with the United States Postal Service. When getting a site, the Administrator may run public ads to invite offers to sell, give, or exchange property if needed. The Administrator may pick the site that seems most beneficial to the Government after considering all factors. The Administrator may acquire the site without following division C of subtitle I of title 41, except for sections 3302, 3501(b), 3509, 3906, 4710, and 4711, and must have the Postal Service’s agreement if the site will include post office space.

Title 40, §3304

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)The Administrator of General Services may acquire, by purchase, condemnation, donation, exchange, or otherwise, any building and its site which the Administrator decides is necessary to carry out the duties of the Administrator under this chapter.

(b)The Administrator may acquire, by purchase, condemnation, donation, exchange, 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)When any part of a public building is to be used for post office purposes, the Administrator 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)When the Administrator is to acquire a site under subsection (b), the Administrator, if the Administrator considers it necessary, by public advertisement may solicit proposals for the sale, donation, or exchange of real property to the Federal Government to be used as the site. In selecting a site under subsection (b) the Administrator (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 believes is the most advantageous to the Government, all factors considered; and

(2)acquire the site without regard to division C (except section 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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 General” in subsections (b) and (c) of section 5 of the Public 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 “division C (except section 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.)”. 2003—Subsec. (b). Pub. L. 108–178 inserted “, by purchase, condemnation, donation, exchange, or otherwise,” after “The Administrator may acquire”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2003 AmendmentAmendment 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.

§3304 Acquisition of buildings and sites