§3305 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

The Administrator may tear down an old federal building and use its site for a new one, or swap or sell the building and site under the rules in subtitle I and division C of title 41 (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711). If a site bought for a new public building turns out to be unsuitable, the Administrator may swap or sell that site the same way. The Administrator cannot use land for a project unless the project is approved under section 3307. The Administrator may change (alter) any public building and buy land needed under section 3304(b)–(d). If the maximum estimated cost is $1,500,000 or less, approval under section 3307 is not required. That dollar limit can be adjusted each year using the Department of Commerce composite construction cost index, and any change must be reported quickly to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure. The Administrator may hire contractors to do the work when that is best for the Government.

Title 40, §3305

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

(a)(1)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 section 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

(2)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 section 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

(3)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 accordance with section 3307 of this title.

(b)(1)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)(A)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)The Administrator 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 expeditiously reported to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(c)The Administrator may carry out any construction or alteration authorized by this chapter by contract if the Administrator considers it to be most advantageous to the Government.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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 section 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 Buildings 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 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.)”.

§3305 Construction and Alteration of Buildings