
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC255]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
             CHAPTER 3--PUBLIC BUILDINGS AND WORKS GENERALLY
 
Sec. 255. Approval of title prior to Federal land purchases; 
        payment of title expenses; application to Tennessee Valley 
        Authority; Federal jurisdiction over acquisitions
        
    Unless the Attorney General gives prior written approval of the 
sufficiency of the title to land for the purpose for which the property 
is being acquired by the United States, public money may not be expended 
for the purchase of the land or any interest therein.
    The Attorney General may delegate his responsibility under this 
section to other departments and agencies, subject to his general 
supervision and in accordance with regulations promulgated by him.
    Any Federal department or agency which has been delegated the 
responsibility to approve land titles under this section may request the 
Attorney General to render his opinion as to the validity of the title 
to any real property or interest therein, or may request the advice or 
assistance of the Attorney General in connection with determinations as 
to the sufficiency of titles.
    Except where otherwise authorized by law or provided by contract, 
the expenses of procuring certificates of titles or other evidences of 
title as the Attorney General may require 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 or agency.
    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.
    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 State 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. Sec. 355; June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 
18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083; Pub. L. 91-393, 
Sec. 1, Sept. 1, 1970, 84 Stat. 835.)

                          Codification

    R.S. Sec. 355 derived from Res. Sept. 11, 1841, No. 6, 5 Stat. 468.
    The first four and sixth paragraphs of this section are based on 
R.S. Sec. 355, as amended. The fifth paragraph of this section is based 
on the last paragraph of section 1 of Pub. L. 91-393. For amendment of 
this section by the remainder of section 1 of Pub. L. 91-393, see 1970 
Amendment note below.


                               Amendments

    1970--Pub. L. 91-393 substituted first four paragraphs of this 
section, requiring the Attorney General to give written approval of the 
sufficiency of title prior to the purchase of lands or interests 
therein, empowering the Attorney General to delegate his 
responsibilities, authorizing Federal departments and agencies which 
have been delegated the responsibility to approve land titles to request 
opinions, advice or assistance of the Attorney General, and permitting 
the payment from appropriations of the expenses of procuring 
certificates or other evidences of title, for the former first seven 
paragraphs of this section which prohibited expenditures of public money 
upon any site or land purchased by the United States until the Attorney 
General gave his written opinion in favor of the validity of title, 
permitted acceptance of title subject to infirmities if the Attorney 
General approved, authorized the Attorney General to approve title to 
easements or rights-of-way, and which made certain exceptions from the 
provisions of this section.
    1940--Act Oct. 9, 1940, among other changes, divided section into 
paragraphs, struck out provision requiring United States attorneys, upon 
application of Attorney General, to furnish assistance in relation to 
titles, and inserted provisions contained in second, third, fourth and 
seventh paragraphs.
    Act Feb. 1, 1940, struck out provision requiring consent of State 
legislature to the purchase, and inserted provisions now set out as 
eighth paragraph.
    1930--Act June 28, 1930, inserted reference to armories, arsenals, 
forts, fortifications, navy yards and lighthouses, and provision that 
the Attorney General may base his opinion as to title upon certificate 
of title of a title company.


                            Cross References

    Erection of public buildings on condemned property authorized though 
Attorney General has not approved title, see section 258e of this title.
    Power of United States to acquire land within the States, see Const. 
Art. 1, Sec. 8, cl. 17.
    President authorized to procure consent of State within which any 
land has been purchased for forts, magazines, etc., see section 103 of 
Title 4, Flag and Seal, Seat of Government, and the States.
    Purchase contract agreements, applicability of section to, see 
section 356 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 356 of this title; title 7 
section 2250a; title 10 sections 2852, 18239; title 16 sections 343b, 
430a, 441i, 571c; title 22 section 1471; title 36 section 2103; title 38 
section 115; title 42 sections 1502, 1594a, 2224, 5196; title 50 App. 
section 460.
