Lease to the United States, consideration, Flood control lands; condemnation, 1019. 957a. National Forests; acquisition of lands for, 1020... River and harbor lands: Right of possession and compensation in condemnation proceedings, 1027. Easements for public roads and streets, 1028a. Exchange, 1028b. Sale, 1029. Memorials; erection in the District of Columbia, 1030. Military posts; establishment, 1031. Burial of indigent Union veterans, 977. National military parks; investigations, surForeign cemeteries: veys and acquisition of sites, 1032. American Battle Monuments Commission, National monuments; establishment, 1039. By section 1, military appropriation act of April 26, 1939 (53 Stat. 602), additional appropriations were made for construction in Hawaii and the Panama Canal Zone. By Executive Order No. 8343, February 10, 1940, certain lands in Alaska were reserved for the use of the War Department as authorized by this section. Public lands in Alaska were reserved for the use of the War Department as a radio station site by Executive Order No. 8577, October 29, 1940. Section 2, act of June 15, 1940 (54 Stat. 400) authorizes increased naval aviation facilities, and the third supplemental national defense appropriation act of October 8, 1940 (54 Stat. 973), appropriates $15,000,000 for this purpose. : 940. Aviation fields; reservation from public lands. Certain lands in Alaska formerly reserved for the use of the Bureau of Biological Survey, Department of Agriculture, were transferred to the War Department by Executive Order No. 8305, December 19, 1939. Under authority of this section certain lands in the States of California and Florida were withdrawn from all forms of appropriation under the public-land laws and turned over to the War Department for use as anti-aircraft firing ranges, by Executive Orders Nos. 8507 (corrected in Federal Register of September 14, 1940, page 3652) and 8508, respectively, August 8, 1940. Certain public lands in Alaska and in the State of Utah were reserved for use of the War Department as aerial bombing and gunnery ranges by Executive Order Nos. 8578 and 8579, October 29, 1940. 941a. Public buildings; assignment of space. By Part 3, Reorganization Plan No. I, transmitted to Congress under authority of section 4, act of April 3, 1939, ante, 888c, and effective July 1, 1939, the functions of the National Park Service in connection with the assignment of space in public buildings were transferred from the Department of the Interior to the Federal Works Agency. An appropriation of $5,000,000 for continuation of the construction of the first unit of the new War Department building was made in the Treasury Department appropriation act of May 6, 1939 (53 Stat. 673); and an appropriation of $2,000,000 for continuation of the acquisition of land and of construction by section 1, independent offices appropriation act of April 18, 1940 (54 Stat. 127). Notes of Decisions In general.-Authority over assignment of space in public buildings in the District of Columbia, formerly exercised by the National Park Service, was transferred by section 303(b), Reorganization Plan No. I, to the Federal Works Administrator. The extent of such authority and limitations thereon are discussed in 37 Op. 340. (Oct. 17, 1939), 39 Op. Atty. Gen. No. 92. *. 941d. Public buildings; use in connection with inauguration ceremonies. By public resolution of April 25, 1940 (54 Stat. 168), this section was waived so as to permit the quartering of troops in public buildings during the inaugural ceremonies of January 20, 1941. By section 1, public resolution of April 22, 1940 (54 Stat. 159), the officers in control of public lands in the District of Columbia were authorized to grant permits for the use of any reservations or other public spaces in the city of Washington on the occasion of the inauguration of the President-elect in January 1941. By public resolution of October 9, 1940 (54 Stat. 1090), admission tickets to the inaugural ceremonies to be held in January 1941 were exempted from the Federal tax on admission, all the net proceeds from the sale of such tickets to be donated to charity. 942. Public building sites; condemnation. This section is made applicable to acquisition of land under the Federal Works Administrator housing program by 2214a-1, post. 944. Public building sites; opinion of Attorney General on validity of title.→ No public money shall be expended upon any site or land purchased by the United States for the purposes of erecting thereon any armory, arsenal, fort, fortification, navy yard, customhouse, lighthouse, or other public building of any kind whatever, until the written opinion of the Attorney General shall be had in favor of the validity of the title. Notwithstanding the provisions of this or any other law, whenever the average value of any lands or interests in land to be acquired by or on behalf of the United States under a single option or contract of sale does not exceed $10 per acre (hereinafter referred to as "low-value lands"), the title may be accepted subject to such infirmities as, in the opinion of the Attorney General, may, without jeopardizing the interests of the United States, be left for removal by condemnation or other appropriate proceedings, if and when necessary: Provided, That the total value of any lands or interests to be acquired under a single option or contract of sale subject to an infirmity does not exceed $3,500. No public money shall hereafter be expended for the acquisition of such low-value lands or interests in land by or on behalf of the United States for any purpose until the written opinion of the Attorney General has been had approving the title subject, if expedient, to infirmities as herein provided. However, no money in excess of $2,500 shall be expended for the construction of buildings, works, or other im provements (except roads, trails, and fire-protection improvements), on any site, tract, or parcel of land the title to which is subject to infirmities, until the written opinion of the Attorney General in favor of the validity of the title has been had as in the case of other lands. For the purpose of this Act, values of lands and interests in land shall be determined by the consideration paid or to be paid. I The Attorney General is hereby authorized to approve the title to easements or rights-of-way to be acquired by or on behalf of the United States, subject to such infirmities as, in his opinion, will not jeopardize the interests of the United States. Nothing in this Act shall be construed to limit the authority now or hereafter delegated to any officer in exercising the power of eminent domain for or on behalf of the United States, to take title to or possession of or to expend money for or upon any land or interest in land, or to expend money as security for an ultimate award in advance of final judgment in any proceedings to determine just compensation; nor shall this Act be construed to preclude any acquiring agency from, expending money for the erection of any preliminary and temporary structure upon any land. The head or other authorized officer of any department, independent establishment, or agency, shall procure any evidence of title which the Attorney General may deem necessary, and the expenses of procurement, except where otherwise authorized by law or provided by contract, may be paid out of the appropriations for the acquisition of land or out of the appropriations made for the contingencies of the acquiring department, independent establishment, or agency. The Attorney General may, in his discretion, base any opinion as to title required either by this Act or any other law upon either or both of the following: Certificates of title of title companies or such evidence of title as he may deem satisfactory. The foregoing provisions of this section shall not be construed to affect in any manner any existing provisions of law which are applicable to the acquisition of lands or interests in land by the Tennessee Valley Authority; and nothing in this section shall be construed to affect in any manner any authority which the Secretary of War, the Chief of Engineers, or the Secretary of the Interior have under the provisions of law in force on the date this section as amended takes effect with respect to the approval by them of title to land or interests in land acquired by the War Department or the Department of the Interior, as the case may be. Nor shall the foregoing provisions of this section, or the provisions of any other law, be construed to require any opinion of the Attorney General in connection with the acquisition or improvement of easements and rights-of-way for military or naval purposes; or for the acquisition or improvement of easements and rights-of-way by the Department of Agricul ture for forest and other conservation purposes where the cost of any such easement of right-of-way acquired under a single instrument of conveyance and the cost of any improvement thereon does not exceed $2,500; and the Attorney General may, in his discretion, waive the requirement for his opinion in connection with the acquisition or improvement of easements and rights-of-way for other purposes when, in his opinion, such waiver will not jeopardize the interests of the United States. Notwithstanding any other provision of law, the obtaining of exclusive jurisdiction in the United States over lands or interests therein which have been or shall hereafter be acquired by it shall not be required; but the head or other authorized officer of any department or independent establishment or agency of the Government may, in such cases and at such times as he may deem desirable, accept or secure from the State in which any lands or interests therein under his immediate jurisdiction, custody, or control are situated, consent to or cession of such jurisdiction, exclusive or partial, not theretofore obtained, over any such lands or interests as he may deem desirable and indicate acceptance of such jurisdiction on behalf of the United States by filing a notice of such acceptance with the Governor of such State or in such other manner as may be prescribed by the laws of the States where such lands are situated. Unless and until the United States has accepted jurisdiction over lands hereafter to be acquired as aforesaid, it shall be conclusively presumed that no such jurisdiction has been accepted. R. S. 355; act of June 28, 1930 (46 Stat. 828); act of Feb. 1, 1940 (54 Stat. 19); act of Oct. 9, 1940 (54 Stat. 1083); 33 U, S. C. 733; 34 U. S. C. 520; 40 U. S. C. 255; 50 U. S. C. 175. * The first paragraph of this section has been amended as above. By 946a, post, construction for the military establishment prior to July 1, 1942, was exempted from the requirements of this section. Notes of Decisions Consent of State.-Sec. 355 R. S. has been effective since 1841 and during that time has been repeatedly interpreted and applied as contemplating exclusive jurisdiction flowing from consent by the States under art. I, sec. 8, cl. 17, of the Constitution. This interpretation is not affected by the decision in James v. Dravo Contracting Co., 302 U. S. 134, upholding the right of a State to qualify its consent and giving rise to the inference that the Congress may have acted under an erroneous impression concerning "consent" under the Constitution. The Virginia statute of March 28, 1936, expressing qualified consent to acquisitions of land by the United States, does not meet the requirements of sec. 355 R. S. (May 5, 1939) 39 Op. Atty. Gen. No. 74. * Provided further, 946a. Buildings at military posts; construction.-* That all construction for the Military Establishment which has been authorized, or may be authorized prior to July 1, 1942, may be prosecuted prior to the approval by the Attorney General of title to the lands upon which such construction is to be placed, to such extent as may be deemed necessary or advantageous by the Secretary of War: Provided further, That the Secretary of War may, with respect to contracts for public works for the Military Establishment, whether or not for construction at military posts, entered into upon a cost-plus-a-fixed-fee basis out of funds appropriated for the fiscal year 1941, or authorized to be entered into prior to July 1, 1941, waive the requirements as to performance and payment bonds of the Act approved August 24, 1935 (49 Stat. 793; 40 U. S. C. 270a). * * * Second supplemental national defense appropriation act of Sept. 9, 1940 (54 Stat. 873); third supplemental national defense appropriation act of Oct. 8, 1940 (54 Stat. 967). The Secretary of War may, until June 30, 1942, allocate to the Corps of Engineers any of the construction works required to carry out the nationaldefense program and may transfer to that agency the funds necessary for the execution of the works so allocated. Sec. 102, act of Sept. 9, 1940 (54 Stat. 875). Appropriations and contract authorizations for construction of buildings, utilities, and appurtenances at military posts are contained in the following acts: Military appropriation act of April 26, 1939 (53 Stat. 602, 603) 1. Emergency Supplemental appropriation act of February 12, 1940 (54 Stat. 25) |