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Volume 49 · 886

Public Law 74–744

To provide for the disposition, control, and use of surplus real property acquired by Federal agencies, and for other purposes.

Approved August 27, 1935

Statutory text

AN ACT

To provide for the disposition, control, and use of surplus real property acquired by Federal agencies, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That notwithstanding

Surplus Federal real property.

Disposition of certain, outside the District of Columbia, authorized.

any other provisions of law, whenever any real property located outside of the District of Columbia, exclusive of military or naval reservations, heretofore or hereafter acquired by any Federal agency, by judicial process or otherwise in the collection of debts, purchase, donation, condemnation, devise, forfeiture, lease, or in any other manner, is, in whole or in part, declared to be in excess of its needs by the Federal agency having control thereof, or by the President on recommendation of the Secretary of the Treasury, the Director of Procurement, with the approval of the Secretary of the

By assignment of space to any Federal agency.

Treasury, is authorized (a) to assign or reassign to any Federal agency or agencies space therein: Provided, That if the Federal

Proviso.

Refusal to accept.

agency to which space is assigned does not desire to occupy the space so assigned to it, the decision of the Director of Procurement shall

To lease, pending sale.

be subject to review by the President; or (b) pending a sale, to lease such real property on such terms and for such period not in excess

To sell to highest competitive bidder.

of five years as he may deem in the public interest; or (c) to sell the same at public sale to the highest responsible bidder upon such terms and after such public advertisement as he may deem in the public interest.

Sec. 2.

Whenever after investigation it is determined by the Director of Procurement that any such real property should be used for the accommodation of any Federal agency or agencies, the Director of Procurement is authorized to make any repairs thereto or alterations thereof which he deems necessary or advisable and to maintain and operate the same. To the extent that the appropriations of the Procurement Division not otherwise allocated are inadequate for such repairs, alterations, maintenance, or operation, the Director of Procurement may require each Federal agency to which space has been assigned therein pursuant to the provisions of section 1 of this

Reimbursement.

Act to pay promptly by check to the Procurement Division out of its appropriation for rent, either in advance of or upon or during

Provisos.

Equitable allocation of expenses.

occupancy of such space, all or part of the estimated or actual cost of such repairs, alterations, maintenance, and operation: Provided, That the total amount so to be paid shall be determined and equitably

Charges not to exceed rent for equivalent quarters.

apportioned by the Director of Procurement among the Federal agencies to whom space has been so assigned: Provided further, That the amount so charged against any Federal agency shall be computed at a rate not in excess of that paid as rent by such agency immediately preceding such assignment for space in lieu of which space is so assigned to it, and if it is less the difference shall be deposited in the

Computation of charges.

Treasury as miscellaneous receipts: And provided further, That in the event such space is not assigned in lieu of existing space, the amount so charged shall be computed at a rate not in excess of that which the Director of Procurement determines, with the approval of the Secretary of the Treasury, would have been paid as rent for corresponding space during the current fiscal year, and if it is less the difference shall be deposited in the Treasury as miscellaneous

Director’s decision subject to review by the President.

receipts. If a Federal agency subject to this proviso disagrees with the amount the Director of Procurement so determines would have been paid as rent, the determination of the Director of Procurement shall be subject to review by the President.

Sec. 3.

The Director of Procurement, with the approval of the Secretary of the Treasury, is further authorized to procure space by lease, on such terms and for such period not in excess of five years as he may deem in the public interest, for the housing of any Federal agency or agencies outside of the District of Columbia, except the Post Office Department, and to assign and reassign space therein in the same manner as is authorized with respect to surplus real

Maintenance, etc., expenses.

property by section 1 of this Act, and to require the Federal agencies to whom space is assigned therein to pay the total expenditures required under such lease during its entire term in the manner specified in section 2 of this Act.

Sec. 4.

The Director of Procurement, with the approval of the Secretary of the Treasury, is authorized to make such regulations as may be necessary to carry out the provisions of this Act.

Sec. 5.

The term “Federal agency”, as used in this Act, means any executive department, independent establishment, commission, board, bureau, division, or office in the executive branch, or other agency of the United States, including corporations wholly owned by the United States.

Approved, August 27, 1935.

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