SURPLUS PROPERTY ACT OF 1944

ACT OCT. 3, 1944, CH. 479, 58 STAT. 765

        

Cross References

Contract Settlement Act of 1944, see section 101 et seq. of Title 41, Public Contracts.

General Services Administration, see section 751 et seq. of Title 40, Public Buildings, Property, and Works.

Management and disposal of Government property, see section 471 et seq. of Title 40.

Procurement procedures, see section 251 et seq. of Title 41, Public Contracts.

Act Referred to in Other Sections

The Surplus Property Act of 1944 is referred to in title 7 section 439; title 16 section 666g; title 22 section 2681; title 30 section 352; title 40 sections 166c, 473, 484, 485, 490, 511; title 45 section 1212.

§§1611 to 1614. Repealed. June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399; renumbered title VI, §602(a)(1), Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583

Section 1611, act Oct. 3, 1944, ch. 479, §2, 58 Stat. 766, related to declaration of general objectives.

Section 1612, acts Oct. 3, 1944, ch. 479, §3, 58 Stat. 768; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533, related to definitions.

Section 1613, act Oct. 3, 1944, ch. 479, §4, 58 Stat. 768, related to a general rule regarding disposition of surplus property.

Section 1614, act Oct. 3, 1944, ch. 479, §5, 58 Stat. 768, related to establishment of Surplus Property Board.

See section 471 et seq. of Title 40, Public Buildings, Property, and Works.

Effective Date of Repeal

Repeal effective July 1, 1949, with priorities and preferences for surplus real estate continued until Dec. 31, 1949, see sections 602(a)(1) and 605, formerly sections 502(a)(1) and 505, of act June 30, 1949.

§§1614a, 1614b. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 653

Section 1614a, act Sept. 18, 1945, ch. 368, §1, 59 Stat. 533, related to establishment of Surplus Property Administration.

Section 1614b, act Sept. 18, 1945, ch. 368, §2, 59 Stat. 533, related to abolishment of Surplus Property Board.

§§1615 to 1621. Repealed. June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399; renumbered title VI, §602(a)(1), Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583

Section 1615, acts Oct. 3, 1944, ch. 479, §6, 58 Stat. 768; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533, related to duties and authority of Surplus Property Administrator.

Section 1616, acts Oct. 3, 1944, ch. 479, §7, 58 Stat. 768; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533, related to Surplus Property Administrator's cooperation with other government agencies.

Section 1617, acts Oct. 3, 1944, ch. 479, §8, 58 Stat. 768; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533, related to delegation of authority by other government agencies.

Section 1618, acts Oct. 3, 1944, ch. 479, §9, 58 Stat. 769; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533, related to issuance of regulations by Surplus Property Administrator.

Section 1619, acts Oct. 3, 1944, ch. 479, §10, 58 Stat. 769; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533; Aug. 1, 1946, ch. 723, §1, 60 Stat. 754, related to designation of disposal agencies.

Section 1620, acts Oct. 3, 1944, ch. 479, §11, 58 Stat. 769; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533, related to declaration and disposition of surplus property.

Section 1621, acts Oct. 3, 1944, ch. 479, §12, 58 Stat. 770; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533; May 3, 1946, ch. 248, §§2–4, 60 Stat. 168, related to utilization of surplus property by Federal agencies.

See section 471 et seq. of Title 40, Public Buildings, Property, and Works.

Effective Date of Repeal

Repeal effective July 1, 1949, with priorities and preferences for surplus real estate continued until Dec. 31, 1949, see sections 602(a)(1) and 605, formerly sections 502(a)(1) and 505, of act June 30, 1949.

§1621a. Transferred

Codification

Section, act June 29, 1948, ch. 719, §4, 62 Stat. 1100, relating to the utilization of surplus property by Federal Prisons Industries, Incorporated, is set out as a note under section 4122 of Title 18, Crimes and Criminal Procedure.

§1622. Disposal to local governments and nonprofit institutions

(a) to (c) Repealed. June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583

(d) Power transmission lines

Whenever any State or political subdivision thereof, or any State or Government agency or instrumentality certifies to the Administrator of General Services that any power transmission line determined to be surplus property under the provisions of this Act [sections 1611 to 1646 of this Appendix] is needful for or adaptable to the requirements of any public or cooperative power project, such line and the right-of-way acquired for its construction shall not be sold, leased for more than one year, or otherwise disposed of, except as provided in section 12 ¹ [section 1621 of this Appendix] or this section, unless specifically authorized by Act of Congress.

(e), (f) Repealed. June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583

(g) Repealed. Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379

(Oct. 3, 1944, ch. 479, §13, 58 Stat. 770; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533; May 3, 1946, ch. 248, §5, 60 Stat. 169; 1947 Reorg. Plan No. 1, §501, eff. July 1, 1947, 12 F.R. 4535, 61 Stat. 952; July 30, 1947, ch. 404, 61 Stat. 678; June 10, 1948, ch. 433, §§1, 2, 62 Stat. 350; June 29, 1948, ch. 727, 62 Stat. 1103; June 30, 1949, ch. 288, title I, §105, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 381, 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583; amended Oct. 1, 1949, ch. 589, §§1, 5, 63 Stat. 701; Pub. L. 85–726, title XIV, §1402(c), Aug. 23, 1958, 72 Stat. 807; Pub. L. 87–90, July 20, 1961, 75 Stat. 211; Pub. L. 91–258, title I, §52(b)(6), May 21, 1970, 84 Stat. 235; Pub. L. 91–485, §5, Oct. 22, 1970, 84 Stat. 1085; Pub. L. 92–362, §2, Aug. 4, 1972, 86 Stat. 504; Pub. L. 97–248, title V, §524(c), Sept. 3, 1982, 96 Stat. 696; Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.)

References in Text

Section 12, referred to in subsec. (d), is section 12 of act Oct. 3, 1944, ch. 479, which was classified to section 1621 of this Appendix prior to repeal by act June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583.

Amendments

1994—Subsec. (g). Pub. L. 103–272 struck out subsec. (g) which provided for conveyance or disposal of surplus real or personal property to States, political subdivisions, municipalities, or tax-supported institutions for development, improvement, operation, or maintenance of public airports. See sections 47151 to 47153 of Title 49, Transportation.

1982—Subsec. (g)(1). Pub. L. 97–248 substituted "Airport and Airway Improvement Act of 1982" for "Airport and Airway Development Act of 1970".

1972—Subsec. (h). Pub. L. 92–362 repealed subsec. (h) which related to conveyance of surplus lands to local government agencies, determined to be historic monuments, without monetary consideration and for reversion to United States when purposes of conveyance were unfulfilled.

1970—Subsec. (g)(1). Pub. L. 91–258 substituted "Airport and Airway Development Act of 1970" for "Federal Airport Act (60 Stat. 170)".

Subsec. (h)(1). Pub. L. 91–485, §5(1), limited the conveyance of surplus land for use as a historic monument by striking out public park and public recreational area.

Subsec. (h)(2). Pub. L. 91–485, §5(2), struck out provisions relating to the price adjustment of conveyances for park or recreational purposes.

1961—Subsec. (h)(2). Pub. L. 87–90 substituted "its historical significance relates to a period of time within the fifty years immediately preceding the determination of suitability and desirability for such use" for "it was acquired by the United States at any time subsequent to January 1, 1900".

1958—Subsec. (g). Pub. L. 85–726 substituted "Administrator of the Federal Aviation Agency" for "Administrator of Civil Aeronautics" in six places.

1949—Subsecs. (a) to (c), (e), (f). Act June 30, 1949, eff. July 1, 1949, repealed subsecs. (a) to (c), (e), and (f).

Subsec. (g)(2)(A). Act Oct. 1, 1949, §1, struck out "Provided, That no structures disposed of hereunder shall be used as an industrial plant, factory or similar facility within the meaning of section 23 of this Act, unless the public agency receiving title to such structures shall pay to the United States such sum as the Administrator shall determine to be fair consideration for the removal of the restrictions imposed by this proviso."

Subsec. (g)(4). Act Oct. 1, 1949, §5, repealed par. (4) which related to sole responsibility of Administrator for determining and enforcing compliance with the terms, conditions, reservations, and restrictions upon or subject to which surplus property is disposed of pursuant to this subsection.

1948—Subsec. (a)(3). Act June 29, 1948, made available without charge, except for reimbursement of disposal expenses, to local governments who maintain a civilian unit, certain surplus property.

Subsec. (f). Act June 10, 1948, §2, gave State and local governments a higher priority than the Reconstruction Finance Corporation with regard to certain properties.

Subsec. (h). Act June 10, 1948, §1, added subsec. (h).

1947—Subsec. (c). Act July 30, 1947, §1, struck out reference to airport.

Subsec. (g). Act July 30, 1947, §2, added subsec. (g).

1946—Subsec. (f). Act May 3, 1946, substituted provisions relating to priorities for disposal of surplus property to the United States for provisions relating to property donated by the American Red Cross.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–248 effective Sept. 3, 1982, see section 523(b) of Pub. L. 97–248.

Effective Date of 1958 Amendment

Amendment by Pub. L. 85–726 effective on 60th day following date on which Administrator of Federal Aviation Agency first appointed under Pub. L. 85–726 qualifies and takes office, see section 1505(2) of Pub. L. 85–726. Administrator appointed, qualified, and took office on Oct. 31, 1958.

Effective Date of 1949 Amendment

Amendment by act June 30, 1949, effective July 1, 1949, with priorities and preferences for surplus real estate continued until Dec. 31, 1949, see sections 602(a)(1) and 605, formerly sections 502(a)(1) and 505, of act June 30, 1949.

Transfer of Functions

Reference to Administrator of General Services substituted in subsec. (d) for reference to War Assets Administrator on authority of section 105 of act June 30, 1949, in view of transfer of functions, records, property, etc., of War Assets Administration to General Services Administration and abolition of War Assets Administration. Previously, reference to War Assets Administrator was substituted in subsec. (d) for reference to Surplus Property Administrator on authority of Reorg. Plan No. 1, 1947, §501, eff. July 1, 1947, 12 F.R. 4535, 61 Stat. 952, which was later repealed by act June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583. Previously, reference to Surplus Property Administrator was substituted in subsec. (d) for reference to Surplus Property Board on authority of section 2 of act Sept. 18, 1945, in view of transfer of functions of Surplus Property Board to Surplus Property Administrator and abolition of Surplus Property Board.

Surplus Athletic Equipment

Act June 16, 1948, ch. 478, 62 Stat. 458, provided for disposal of surplus athletic equipment to State, public and government institutions, and private charitable and nonprofit organizations for use in sports by the youth of the country, prior to repeal by act Oct. 31, 1951, ch. 654, §1(128), 65 Stat. 706.

Cross References

Crediting of proceeds from sales of surplus property to miscellaneous receipts of the Treasury, see section 460l–5 of Title 16, Conservation.

Section Referred to in Other Sections

This section is referred to in title 25 section 450j; title 40 section 485.

¹ See References in Text note below.

§§1622a to 1622c. Repealed. Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379

Section 1622a, acts Oct. 1, 1949, ch. 589, §2, 63 Stat. 700; Aug. 23, 1958, Pub. L. 85–726, title XIV, §1402(c), 72 Stat. 807, provided for extinguishment of restrictions on use of structures in disposal of surplus airport property.

Section 1622b, acts Oct. 1, 1949, ch. 589, §3, 63 Stat. 700; Aug. 23, 1958, Pub. L. 85–726, title XIV, §1402(c), 72 Stat. 807, related to terms and conditions of disposal instruments. See section 47151 of Title 49, Transportation.

Section 1622c, acts Oct. 1, 1949, ch. 589, §4, 63 Stat. 700; Aug. 23, 1958, Pub. L. 85–726, title XIV, §1402(c), 72 Stat. 807, related to granting of releases from terms and conditions of disposal instruments and terms and conditions of releases. See section 47153 of Title 49, Transportation.

§§1623 to 1630. Repealed. June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399; renumbered title VI, §602(a)(1), Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583

Section 1623, acts Oct. 3, 1944, ch. 479, §14, 58 Stat. 772; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533; July 23, 1946, ch. 590, 60 Stat. 599, related to disposition of property by any owning agency.

Section 1624, acts Oct. 3, 1944, ch. 479, §15, 58 Stat. 772; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533, related to methods of disposition of property by government agencies.

Section 1625, acts Oct. 3, 1944, ch. 479, §16, 58 Stat. 773; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533; May 3, 1946, ch. 248, §1, 60 Stat. 168, related to disposition of surplus property to veterans.

Section 1626, acts Oct. 3, 1944, ch. 479, §17, 58 Stat. 773; Ex. Ord. No. 9577, eff. June 30, 1945, 10 F.R. 8087; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533; Reorg. Plan No. 3 of 1946, §501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, related to disposition of surplus property in rural areas.

Section 1627, acts Oct. 3, 1944, ch. 479, §18, 58 Stat. 773; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533; May 3, 1946, ch. 248, §6, 60 Stat. 169; June 10, 1948, ch. 433, §3, 62 Stat. 351, related to disposition of surplus property to small businesses.

Section 1628, acts Oct. 3, 1944, ch. 479, §19, 58 Stat. 774; Oct. 22, 1945, ch. 432, 59 Stat. 546, related to disposition of surplus plants.

Section 1629, acts Oct. 3, 1944, ch. 479, §20, 59 Stat. 775; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533, related to applicability of antitrust laws to disposition of surplus property.

Section 1630, acts Oct. 3, 1944, ch. 479, §21, 58 Stat. 775; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533, related to formulation of policies for disposal of surplus agricultural commodities.

See section 471 et seq. of Title 40, Public Buildings, Property, and Works.

Effective Date of Repeal

Repeal effective July 1, 1949, with priorities and preferences for surplus real estate continued until Dec. 31, 1949, see sections 602(a)(1) and 605, formerly sections 502(a)(1) and 505, of act June 30, 1949.

§1631. Repealed. June 7, 1939, ch. 190, §6(e), as added July 23, 1946, ch. 590, 60 Stat. 599

Section, act Oct. 3, 1944, ch. 479, §22, 58 Stat. 776, related to stock piling of surplus materials. See section 98 et seq. of Title 50, War and National Defense.

§1632. Repealed. June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399; renumbered title VI, §602(a)(1), Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583

Section, acts Oct. 3, 1944, ch. 479, §23, 58 Stat. 777; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533; Aug. 7, 1946, ch. 790, §§1, 2, 60 Stat. 886, related to disposal of surplus real property. See section 471 et seq. of Title 40, Public Buildings, Property, and Works.

Effective Date of Repeal

Repeal effective July 1, 1949, with priorities and preferences for surplus real estate continued until Dec. 31, 1949, see sections 602(a)(1) and 605, formerly sections 502(a)(1) and 505, of act June 30, 1949.

§§1632a, 1632b. Omitted

Codification

Section 1632a, act Apr. 24, 1948, ch. 230, §1, 62 Stat. 199, authorizing transfer of surplus real property to Department of the Interior, expired July 1, 1952, under the provisions of section 1632b of this Appendix.

Section 1632b, act Apr. 24, 1948, ch. 230, §2, 62 Stat. 199, subjecting any surplus real property transferred to Department of the Interior to all laws and regulations applicable to area with which it is consolidated, was omitted, the authorization to make such transfers having expired by its own terms on July 1, 1952.

§§1633 to 1636. Repealed. June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399; renumbered title VI, §602(a)(1), Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583

Section 1633, acts Oct. 3, 1944, ch. 479, §24, 58 Stat. 780; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533, related to a report concerning disposition of surplus property.

Section 1634, act Oct. 3, 1944, ch. 479, §25, 58 Stat. 780, related to conclusiveness of purchaser's title to property received from government agencies.

Section 1635, act Oct. 3, 1944, ch. 479, §26, 58 Stat. 780, related to civil remedies for fraudulent acts with respect to disposition of surplus property.

Section 1636, act Oct. 3, 1944, ch. 479, §27, 58 Stat. 781, related to the limitation on the practice of law, etc., by former employees in matters involving the disposition of surplus property.

See section 471 et seq. of Title 40, Public Buildings, Property, and Works.

Effective Date of Repeal

Repeal effective July 1, 1949, with priorities and preferences for surplus real estate continued until Dec. 31, 1949, see sections 602(a)(1) and 605, formerly sections 502(a)(1) and 505, of act June 30, 1949.

§1637. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862

Section, act Oct. 3, 1944, ch. 479, §28, 58 Stat. 781, related to an amendment of section 590a of former Title 18, Criminal Code and Criminal Procedure. See section 3287 of Title 18, Crimes and Criminal Procedure.

Effective Date of Repeal

Repeal effective Sept. 1, 1948, see section 20 of act June 25, 1948.

§§1638 to 1640. Repealed. June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399; renumbered title VI, §602(a)(1), Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583

Section 1638, acts Oct. 3, 1944, ch. 479, §29, 58 Stat. 781; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533, related to competitive bidding with regard to surplus property disposals.

Section 1639, acts Oct. 3, 1944, ch. 479, §30, 58 Stat. 781; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533, related to disposition of proceeds from transfer or or disposition of surplus property.

Section 1640, act Oct. 3, 1944, ch. 479, §31, 58 Stat. 782, related to use of appropriated funds for the care and handling of surplus property pending its disposition.

See section 471 et seq. of Title 40, Public Buildings, Property, and works.

Effective Date of Repeal

Repeal effective July 1, 1949, with priorities and preferences for surplus real estate continued until Dec. 31, 1949, see sections 602(a)(1) and 605, formerly sections 502(a)(1) and 505, of act June 30, 1949.

§1641. Repealed. Pub. L. 87–256, §111(a)(1), Sept. 21, 1961, 75 Stat. 538

Section, acts Oct. 3, 1944, ch. 479, §32, 58 Stat. 782; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533; Aug. 1, 1946, ch. 723, §2, 60 Stat. 754; June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583; June 20, 1952, ch. 449, §11, 66 Stat. 151; Aug. 26, 1954, ch. 937, title V, §544(d), as added July 18, 1956, ch. 627, §11(a), 70 Stat. 563, and amended Aug. 14, 1957, Pub. L. 85–141, §11(b)(1), 71 Stat. 365; Aug. 17, 1961, Pub. L. 87–153, 75 Stat. 390, related to use of foreign currencies, foreign scholarships, and establishment of Board of Foreign Scholarships. See section 2451 et seq. of Title 22, Foreign Relations and Intercourse.

Continuation of Certain Executive Orders, Agreements, Determinations, Regulations, Contracts, Appointments, and Other Actions

Continuation in full force and effect, and applicability to the appropriate provisions of the Mutual Educational and Cultural Exchange Act of 1961, section 2451 et seq. of Title 22, Foreign Relations and Intercourse, until modified or superseded by appropriate authority, of all Executive orders, agreements, determinations, regulations, contracts, appointments, and other actions issued, concluded, or taken under authority of this section, see section 111(b) of Pub. L. 87–256, set out as a note under section 2451 of Title 22.

§§1642 to 1646. Repealed. June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399; renumbered title VI, §602(a)(1), Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583

Section 1642, act Oct. 3, 1944, ch. 479, §33, 58 Stat. 782; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533, related to restrictions on importation of surplus property into the United States.

Section 1643, acts Oct. 3, 1944, ch. 479, §34, 58 Stat. 783; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533, related to savings provisions.

Section 1644, acts Oct. 3, 1944, ch. 479, §35, 58 Stat. 783; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533, related to temporary applicability of existing procedures with regard to surplus property.

Section 1645, acts Oct. 3, 1944, ch. 479, §36, 58 Stat. 783; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533, related to disposition and removal of termination inventories from plants of war contractors.

Section 1646, act Oct. 3, 1944, ch. 479, §37, 58 Stat. 784, related to an amendment and effective date with regard to section 968 of this Appendix.

See section 471 et seq. of Title 40, Public Buildings, Property, and Works.

Effective Date of Repeal

Repeal effective July 1, 1949, with priorities and preferences for surplus real estate continued until Dec. 31, 1949, see sections 602(a)(1) and 605, formerly sections 502(a)(1) and 505, of act June 30, 1949.