Public Law 84–388

That the table of

Federal property transfer red from RFC.

63 Stat. 377; 64 Stat. 583.

40 USC 471 note.

contents contained in the first section of the Federal Property and Administrative Services Act of 1949 is hereby amended by inserting immediately below “Sec. 605. Effective date.”

the following:

Sec. 2.

Section 3 of such Act is hereby amended by inserting immediately after “As used in” the following: “titles I through VI of”

Sec. 3.

Such Act is hereby further amended by adding at the end I hereof the following:

“TITLE VII— PROPERTY TRANSFERRED FROM THE RECONSTRUCTION FINANCE CORPORATION

“Sec. 701. “deciaration of policy

The Congress recognizes that the transfer of real property having a taxable status from the Reconstruction Finance Corporation or any of its subsidiaries to another Government department has often operated to remove such property from the tax rolls of States and local taxing authorities, thereby creating an undue and unexpected burden upon such States and local taxing authorities, and causing disruption of their operations. It is the purpose of this title to furnish temporary measures of relief for such States and local taxing authorities by providing that payments in lieu of taxes shall be made with respect to real property so transferred on or after January 1, 1946.

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“Sec. 702. “definitions

As used in this title—

“(a)“(a)

The term ‘State’ means each of the several States of the United States and the Territories of Alaska and Hawaii.

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“(b)“(b)

The term ‘real property’ means (1) any interest in land, and (2) any improvement made thereon prior to any transfer thereof occurring on or after January 1, 1946, from the Reconstruction Finance Corporation to any other Government department, if for the purpose of taxation such interest or improvement is characterized as real property under the applicable law of the State in which such land is located.

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“(c)“(c)

The term ‘local taxing authority’ means any county or municipality, and any subdivision of any State, county, or municipality, which is authorized by law to levy and collect taxes upon real property.

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“(d)“(d)

The terms ‘real property tax’ and ‘real property taxes’ do not include any special assessment levied upon real property after the date of a transfer of such real property occurring on or after January 1, 1946, from the Reconstruction Finance Corporation to any other Government department.

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“(e)“(e)

The term ‘Government department’ means any department, agency, or instrumentality of the United States, except the Reconstruction Finance Corporation.

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“(f)“(f)

The term ‘transfer’ means—

“(1)“(1)

a transfer of custody and control of, or accountability for the care and handling of, any real property, or

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“(2)“(2)

a transfer of legal title to any real property.

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“(g)“(g)

The term ‘Reconstruction Finance Corporation’ includes all subsidiaries of the Reconstruction Finance Corporation.

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“Sec. 703. “property transferred by the reconstruction finance corporation

Where real property has been transferred on or after January 1, 1946, from the Reconstruction Finance Corporation to any Government department, and the title to such real property has been held by the United States continuously since such transfer, then on each date occurring on or after January 1, 1955, and prior to January 1, 1959, on which real property taxes levied by any State or local taxing authority with respect to any period become due, the Government department which has custody and control of such real property shall pay to the appropriate State and local taxing authorities an amount equal to the amount of the real property tax which would be payable to each such State or local taxing authority on such date if legal title to such real property had been held by a private citizen on such date and during all periods to which such date relates.

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“Sec. 704. “limitations

(a)(a)

The failure of any Government department to make, or to make timely payment of, any payment authorized by section 703 shall not subject—

“(1)“(1)

any Government department, or any person who is a subsequent purchaser of any real property from any Government department, to the payment of any penalty or penalty interest, or to any payment in lieu of any penalty or penalty interest; or

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“(2)“(2)

any real estate or other property or property right to any lien, attachment, foreclosure, garnishment, or other legal proceeding.

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“(b)“(b)

No payment shall be made under section 703 with respect to any real property of any of the following categories:

“(1)“(1)

Real property taxable by any State or local taxing authority under any provision of law, or with respect to which any payment in lieu of taxes is payable under any other provision of law.

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“(2)“(2)

Real property used or held primarily for any purpose for which real property owned by any private citizen would be exempt from real property tax under the constitution or laws of the State in which the property is situated.

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“(3)“(3)

Real property used or held primarily for the rendition of service to or on behalf of the local public, including (but not limited to) the following categories of real property: courthouses; post offices and other property used for purposes incidental to postal operations: and federally owned airports maintained and operated by the Civil Aeronautics Administration.

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“(4)“(4)

Office buildings and facilities which are an integral part of, or are used for purposes incidental to the use made of, any properties described in paragraph (1), (2), or (3) of this subsection,

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“(c)“(c)

Nothing contained in this title shall establish any liability of any Government department for the payment of any payment in lieu of taxes with respect to any real property for any period before January 1, 1955, or after December 31, 1958.

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“Sec. 705. “effective date

This title shall take effect as of January 1, 1955.”

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