-CITE-

40 USC CHAPTER 9 - URBAN LAND USE 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 9 - URBAN LAND USE

-HEAD-

CHAPTER 9 - URBAN LAND USE

-MISC1-

Sec.

901. Purpose and policy.

902. Definitions.

903. Acquisition and use.

904. Disposal.

905. Waiver.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 6 section 232.

-End-

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40 USC Sec. 901 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 9 - URBAN LAND USE

-HEAD-

Sec. 901. Purpose and policy

-STATUTE-

The purpose of this chapter is to promote harmonious

intergovernmental relations and encourage sound planning, zoning,

and land use practices by prescribing uniform policies and

procedures for the Administrator of General Services to acquire,

use, and dispose of land in urban areas. To the greatest extent

practicable, urban land transactions entered into for the General

Services Administration and other federal agencies shall be

consistent with zoning and land use practices and with the planning

and development objectives of local governments and planning

agencies.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1127.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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901 40:531. June 30, 1949, ch. 288,

title VIII, Sec. 802, as

added Pub. L. 90-577, title

V, Sec. 501, Oct. 16, 1968,

82 Stat. 1104.

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-End-

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40 USC Sec. 902 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 9 - URBAN LAND USE

-HEAD-

Sec. 902. Definitions

-STATUTE-

In this chapter, the following definitions apply:

(1) Unit of general local government. - The term "unit of

general local government" means a city, county, town, parish,

village, or other general-purpose political subdivision of a

State.

(2) Urban area. - The term "urban area" means -

(A) a geographical area within the jurisdiction of an

incorporated city, town, borough, village, or other unit of

general local government, except a county or parish, having a

population of at least 10,000 inhabitants;

(B) that portion of the geographical area within the

jurisdiction of a county, town, township, or similar

governmental entity which contains no incorporated unit of

general local government but has a population density of at

least 1,500 inhabitants per square mile; and

(C) that portion of a geographical area having a population

density of at least 1,500 inhabitants per square mile and

situated adjacent to the boundary of an incorporated unit of

general local government which has a population of at least

10,000.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1128.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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902 40:535(a), (b). June 30, 1949, ch. 288,

title VIII, Sec. 806(a),

(b), as added Pub. L.

90-577, title V, Sec. 501,

Oct. 16, 1968, 82 Stat. 1105.

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-End-

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40 USC Sec. 903 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 9 - URBAN LAND USE

-HEAD-

Sec. 903. Acquisition and use

-STATUTE-

(a) Notice to Local Government. - To the extent practicable,

before making a commitment to acquire real property situated in an

urban area, the Administrator of General Services shall give notice

of the intended acquisition and the proposed use of the property to

the unit of general local government exercising zoning and land use

jurisdiction. If the Administrator determines that providing

advance notice would adversely impact the acquisition, the

Administrator shall give notice of the acquisition and the proposed

use of the property immediately after the property is acquired.

(b) Objections to Acquisition or Change of Use. - In the

acquisition or change of use of real property situated in an urban

area as a site for public building, if the unit of general local

government exercising zoning and land use jurisdiction objects on

grounds that the proposed acquisition or change of use conflicts

with zoning regulations or planning objectives, the Administrator

shall, to the extent the Administrator determines is practicable,

consider all the objections and comply with the zoning regulations

and planning objectives.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1128.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

903 40:533. June 30, 1949, ch. 288,

title VIII, Sec. 804, as

added Pub. L. 90-577, title

V, Sec. 501, Oct. 16, 1968,

82 Stat. 1105.

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In subsection (b), the words "and conform to" are omitted as

included in "comply with".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 905 of this title.

-End-

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40 USC Sec. 904 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 9 - URBAN LAND USE

-HEAD-

Sec. 904. Disposal

-STATUTE-

(a) Notice to Local Government. - Before offering real property

situated in an urban area for sale, the Administrator of General

Services shall give reasonable notice to the unit of general local

government exercising zoning and land use jurisdiction in order to

provide an opportunity for zoning so that the property is used in

accordance with local comprehensive planning described in

subsection (c).

(b) Notice to Prospective Purchasers. - To the greatest extent

practicable, the Administrator shall furnish to all prospective

purchasers of real property situated in an urban area complete

information concerning -

(1) current zoning regulations, prospective zoning

requirements, and objectives for property if it is unzoned; and

(2)(A) the current availability of streets, sidewalks, sewers,

water, street lights, and other service facilities; and

(B) the prospective availability of those service facilities if

the property is included in local comprehensive planning

described in subsection (c).

(c) Local Comprehensive Planning. - Local comprehensive planning

referred to in subsections (a) and (b) includes any of the

following activities, to the extent the activity is directly

related to the needs of a unit of general local government:

(1) As a guide for government policy and action, preparing

general plans related to -

(A) the pattern and intensity of land use;

(B) the provision of public facilities (including

transportation facilities) and other government services; and

(C) the effective development and use of human and natural

resources.

(2) Preparing long-range physical and fiscal plans for

government action.

(3) Programming capital improvements and other major

expenditures, based on a determination of relative urgency,

together with definitive financial planning for expenditures in

the earlier years of a program.

(4) Coordinating related plans and activities of state and

local governments and agencies.

(5) Preparing regulatory and administrative measures to support

activities described in this subsection.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1128.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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904(a), (b) 40:532. June 30, 1949, ch. 288,

title VIII, Secs. 803,

806(c), as added Pub. L.

90-577, title V, Sec. 501,

Oct. 16, 1968, 82 Stat. 1105.

904(c) 40:535(c).

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In subsection (a), the words "Whenever the Administrator

contemplates the disposal for or on behalf of any Federal agency

of" and "such land" are omitted as unnecessary. The words "the head

of the governing body of" are omitted for consistency in the

chapter. The words "exercising zoning and land-use jurisdiction"

are substituted for "having jurisdiction over zoning and land-use

regulation in the geographical area within which the land or lands

are located" to eliminate unnecessary words and for consistency in

the chapter.

In subsection (c)(2), the word "Preparing" is added for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 905 of this title.

-End-

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40 USC Sec. 905 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 9 - URBAN LAND USE

-HEAD-

Sec. 905. Waiver

-STATUTE-

The procedures prescribed in sections 903 and 904 of this title

may be waived during a period of national emergency proclaimed by

the President.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1129.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

905 40:534. June 30, 1949, ch. 288,

title VIII, Sec. 805, as

added Pub. L. 90-577, title

V, Sec. 501, Oct. 16, 1968,

82 Stat. 1105.

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