
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC472]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
       CHAPTER 10--MANAGEMENT AND DISPOSAL OF GOVERNMENT PROPERTY
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 472. Definitions

    As used in titles I through VI of this Act--
    (a) The term ``executive agency'' means any executive department or 
independent establishment in the executive branch of the Government, 
including any wholly owned Government corporation.
    (b) The term ``Federal agency'' means any executive agency or any 
establishment in the legislative or judicial branch of the Government 
(except the Senate, the House of Representatives, and the Architect of 
the Capitol and any activities under his direction).
    (c) The term ``Administrator'' means the Administrator of General 
Services provided for in chapter 16 of this title.
    (d) The term ``property'' means any interest in property except (1) 
the public domain; lands reserved or dedicated for national forest or 
national park purposes; minerals in lands or portions of lands withdrawn 
or reserved from the public domain which the Secretary of the Interior 
determines are suitable for disposition under the public land mining and 
mineral leasing laws; and lands withdrawn or reserved from the public 
domain except lands or portions of lands so withdrawn or reserved which 
the Secretary of the Interior, with the concurrence of the 
Administrator, determines are not suitable for return to the public 
domain for disposition under the general public-land laws because such 
lands are substantially changed in character by improvements or 
otherwise; (2) naval vessels of the following categories: Battleships, 
cruisers, aircraft carriers, destroyers, and submarines; and (3) records 
of the Federal Government.
    (e) The term ``excess property'' means any property under the 
control of any Federal agency which is not required for its needs and 
the discharge of its responsibilities, as determined by the head 
thereof.
    (f) The term ``foreign excess property'' means any excess property 
located outside the States of the Union, the District of Columbia, 
Puerto Rico, American Samoa, Guam, the Trust Territory of the Pacific 
Islands, and the Virgin Islands.
    (g) The term ``surplus property'' means any excess property not 
required for the needs and the discharge of the responsibilities of all 
Federal agencies, as determined by the Administrator.
    (h) The term ``care and handling'' includes completing, repairing, 
converting, rehabilitating, operating, preserving, protecting, insuring, 
packing, storing, handling, conserving, and transporting excess and 
surplus property, and, in the case of property which is dangerous to 
public health or safety, destroying or rendering innocuous such 
property.
    (i) The term ``person'' includes any corporation, partnership, firm, 
association, trust, estate, or other entity.
    (j) The term ``nonpersonal services'' means such contractual 
services, other than personal and professional services, as the 
Administrator shall designate.
    (k) The term ``contractor inventory'' means (1) any property 
acquired by and in the possession of a contractor or subcontractor under 
a contract pursuant to the terms of which title is vested in the 
Government, and in excess of the amounts needed to complete full 
performance under the entire contract; and (2) any property which the 
Government is obligated or has the option to take over under any type of 
contract as a result either of any changes in the specifications or 
plans thereunder or of the termination of such contract (or subcontract 
thereunder), prior to completion of the work, for the convenience or at 
the option of the Government.
    (l) The term ``motor vehicle'' means any vehicle, self-propelled or 
drawn by mechanical power, designed and operated principally for highway 
transportation of property or passengers, exclusive of any vehicle 
designed or used for military field training, combat, or tactical 
purposes, or used principally within the confines of a regularly 
established military post, camp, or depot, and any vehicle regularly 
used by an agency in the performance of investigative, law enforcement, 
or intelligence duties if the head of such agency determines that 
exclusive control of such vehicle is essential to the effective 
performance of such duties.

(June 30, 1949, ch. 288, Sec. 3, 63 Stat. 378; Sept. 5, 1950, ch. 849, 
Secs. 7(a), 8(a), 64 Stat. 590, 591; July 12, 1952, ch. 703, Sec. 1(a), 
(b), 66 Stat. 593; Sept. 1, 1954, ch. 1211, Sec. 4(c), 68 Stat. 1129; 
Aug. 12, 1955, ch. 874, Sec. 2, 69 Stat. 722; Pub. L. 85-337, Sec. 5, 
Feb. 28, 1958, 72 Stat. 29; Pub. L. 86-70, Sec. 30(a), June 25, 1959, 73 
Stat. 148; Pub. L. 86-624, Sec. 27(a), July 12, 1960, 74 Stat. 418; Pub. 
L. 93-594, Jan. 2, 1975, 88 Stat. 1926.)

                       References in Text

    This Act, referred to in the opening par., is act June 30, 1949, ch. 
288, 63 Stat. 377, as amended, known as the Federal Property and 
Administrative Services Act of 1949. For classification of titles I 
through VI of this Act to the Code, see Short Title note set out under 
section 471 of this title and Tables.
    Chapter 16 [Sec. 751 et seq.] of this title, referred to in par. 
(c), was in the original a reference to ``title I hereof''.
    The mining laws, referred to in subsec. (d), are classified 
generally to Title 30, Mineral Lands and Mining.
    The mineral leasing laws, referred to in subsec. (d), have been 
defined for certain purposes in sections 351, 505, 530, and 541e of 
Title 30.
    The public-land laws, referred to in subsec. (d), are classified 
generally to Title 43, Public Lands.

                          Codification

    Section was formerly classified to section 202 of Title 41, Public 
Contracts.


                               Amendments

    1975--Subsec. (f). Pub. L. 93-594 inserted ``American Samoa, Guam, 
the Trust Territory of the Pacific Islands'' after ``Puerto Rico''.
    1960--Subsec. (f). Pub. L. 86-624 substituted ``States of the Union, 
the District of Columbia'' for ``continental United States (including 
Alaska), Hawaii''.
    1959--Subsec. (f). Pub. L. 86-70 substituted ``(including Alaska), 
Hawaii,'' for ``, Hawaii, Alaska,''.
    1958--Subsec. (d). Pub. L. 85-337 included within definition of 
property minerals in lands or portions of lands withdrawn or reserved 
from the public domain which it is determined are suitable for 
disposition under the public land mining and mineral leasing laws, and 
excepted lands or portions of lands withdrawn or reserved which it is 
determined are not suitable for return to the public domain because such 
lands are substantially changed in character by improvements or 
otherwise.
    1955--Act Aug. 12, 1955, inserted ``titles I through VI of'' after 
``As used in''.
    1954--Subsec. (l). Act Sept. 1, 1954, added subsec. (l).
    1952--Subsec. (d). Act July 12, 1952, Sec. 1(a), enlarged definition 
of ``public domain'' by inserting provisions contained in parenthesis.
    Subsec. (k). Act July 12, 1952, Sec. 1(b), inserted ``or has the 
option'' after ``obligated''.
    1950--Subsec. (b). Act Sept. 5, 1950, Sec. 8(a), redefined ``Federal 
agency''.
    Subsec. (d). Act Sept. 5, 1950, Sec. 7(a), struck out ``and'' before 
``clause (2)'' and substituted a semicolon for the period at end 
thereof, and added cl. (3).


                       Repeal of Inconsistent Laws

    Section 11 of act Sept. 5, 1950, provided that: ``All laws or parts 
of laws in conflict with the provisions of this Act [act Sept. 5, 1950] 
or with any amendment made thereby are, to the extent of such conflict, 
hereby repealed.''

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in section 762 of this title; title 10 
sections 2667, 2667a; title 15 section 278g-3; title 20 section 3479; 
title 31 section 3551; title 41 section 423; title 42 sections 7259, 
11411; title 43 section 1702; title 44 section 2901.
