2011 US Code
Title 40 - Public Buildings, Property, and Works
Subtitle II - PUBLIC BUILDINGS AND WORKS (§§ 3101 - 9507)
Part A - GENERAL (§§ 3101 - 3708)
Chapter 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION (§§ 3301 - 3316)
Section 3304 - Acquisition of buildings and sites

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Metadata
Publication TitleUnited States Code, 2006 Edition, Supplement 5, Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
SUBTITLE II - PUBLIC BUILDINGS AND WORKS
PART A - GENERAL
CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION
Sec. 3304 - Acquisition of buildings and sites
Containssection 3304
Date2011
Laws in Effect as of DateJanuary 3, 2012
Positive LawYes
Dispositionstandard
Source CreditPub. 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(<em>l</em>)(15), Jan. 4, 2011, 124 Stat. 3852.
Statutes at Large References73 Stat. 479
84 Stat. 773
116 Stat. 1158
117 Stat. 2640
124 Stat. 3852
Public Law ReferencesPublic Law 86-249, Public Law 91-375, Public Law 107-217, Public Law 108-178, Public Law 111-350

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40 USC § 3304 (2011)
§3304. Acquisition of buildings and sites

(a) In General.—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) Acquisition of Land or Interest in Land for Use as Sites.—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) Public Buildings Used for Post Office Purposes.—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) Solicitation of Proposals for Sale, Donation, or Exchange of Real Property.—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 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 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).

Amendments

2011—Subsec. (d)(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.)”.

2003—Subsec. (b). Pub. L. 108–178 inserted “, by purchase, condemnation, donation, exchange, or otherwise,” after “The Administrator may acquire”.

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.

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