
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: 40USC601a]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
    CHAPTER 12--CONSTRUCTION, ALTERATION, AND ACQUISITION OF PUBLIC 
                                BUILDINGS
 
Sec. 601a. Duties of Administrator; Federal agency 
        accommodations; historical and architectural preservation of 
        public buildings; consultation with Governors, agencies, and 
        chief executive officers
        
    (a) In order to carry out his duties under this title and under any 
other authority with respect to constructing, operating, maintaining, 
altering, and otherwise managing or acquiring space necessary for the 
accommodation of Federal agencies and to accomplish the purposes of this 
title, the Administrator shall--
        (1) acquire and utilize space in suitable buildings of historic, 
    architectural, or cultural significance, unless use of such space 
    would not prove feasible and prudent compared with available 
    alternatives;
        (2) encourage the location of commercial, cultural, educational, 
    and recreational facilities and activities within public buildings;
        (3) provide and maintain space, facilities, and activities, to 
    the extent practicable, which encourage public access to and 
    stimulate public pedestrian traffic around, into, and through public 
    buildings, permitting cooperative improvements to and uses of the 
    area between the building and the street, so that such activities 
    complement and supplement commercial, cultural, educational, and 
    recreational resources in the neighborhood of public buildings; and
        (4) encourage the public use of public buildings for cultural, 
    educational, and recreational activities.

    (b) In carrying out his duties under subsection (a) of this section, 
the Administrator shall consult with Governors, areawide agencies 
established pursuant to title II of the Demonstration Cities and 
Metropolitan Development Act of 1966 [42 U.S.C. 3331 et seq.] and 
section 6506 of title 31, and chief executive officers of those units of 
general local government in each area served by an existing or proposed 
public building, and shall solicit the comments of such other community 
leaders and members of the general public as he deems appropriate.

(Pub. L. 94-541, title I, Sec. 102, Oct. 18, 1976, 90 Stat. 2505.)

                       References in Text

    This title, referred to in subsec. (a), means title I of Pub. L. 94-
541, Oct. 18, 1976, 90 Stat. 2505, the Public Buildings Cooperative Use 
Act of 1976, which enacted sections 601a and 612a of this title and 
amended sections 490, 606, and 611 of this title. For complete 
classification of this act to the Code, see Short Title of 1976 
Amendment note set out under section 601 of this title and Tables.
    The Demonstration Cities and Metropolitan Development Act of 1966, 
referred to in subsec. (b), is Pub. L. 89-754, Nov. 3, 1966, 80 Stat. 
1255, as amended. Title II of the Demonstration Cities and Metropolitan 
Development Act of 1966 is classified generally to subchapter II 
(Sec. 3331 et seq.) of chapter 41 of Title 42, The Public Health and 
Welfare. For complete classification of this Act to the Code, see Short 
Title note set out under section 3301 of Title 42 and Tables.

                          Codification

    In subsec. (b), ``section 6506 of title 31'' substituted for ``title 
IV of the Intergovernmental Cooperation Act of 1968 [42 U.S.C. 4231 et 
seq.]'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 
Stat. 1067, the first section of which enacted Title 31, Money and 
Finance.
    Section was enacted as part of the Public Buildings Cooperative Use 
Act of 1976, and not as part of the Public Buildings Act of 1959 which 
comprises this chapter.

 Ex. Ord. No. 13006. Locating Federal Facilities on Historic Properties 
                     in Our Nation's Central Cities

    Ex. Ord. No. 13006, May 21, 1996, 61 F.R. 26071, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the National 
Historic Preservation Act (16 U.S.C. 470 et seq.) and the Public 
Buildings Cooperative Use Act of 1976 (90 Stat. 2505) [see Short Title 
of 1976 Amendment note set out under section 601 of this title], and in 
furtherance of and consistent with Executive Order No. 12072 of August 
16, 1978 [40 U.S.C. 490 note], and Executive Order No. 11593 of May 13, 
1971 [16 U.S.C. 470 note], it is hereby ordered as follows:
    Section 1. Statement of Policy. Through the Administration's 
community empowerment initiatives, the Federal Government has undertaken 
various efforts to revitalize our central cities, which have 
historically served as the centers for growth and commerce in our 
metropolitan areas. Accordingly, the Administration hereby reaffirms the 
commitment set forth in Executive Order No. 12072 to strengthen our 
Nation's cities by encouraging the location of Federal facilities in our 
central cities. The Administration also reaffirms the commitments set 
forth in the National Historic Preservation Act to provide leadership in 
the preservation of historic resources, and in the Public Buildings 
Cooperative Use Act of 1976 to acquire and utilize space in suitable 
buildings of historic, architectural, or cultural significance.
    To this end, the Federal Government shall utilize and maintain, 
wherever operationally appropriate and economically prudent, historic 
properties and districts, especially those located in our central 
business areas. When implementing these policies, the Federal Government 
shall institute practices and procedures that are sensible, 
understandable, and compatible with current authority and that impose 
the least burden on, and provide the maximum benefit to, society.
    Sec. 2. Encouraging the Location of Federal Facilities on Historic 
Properties in Our Central Cities. When operationally appropriate and 
economically prudent, and subject to the requirements of section 601 of 
title VI of the Rural Development Act of 1972, as amended (42 U.S.C. 
3122), and Executive Order No. 12072, when locating Federal facilities, 
Federal agencies shall give first consideration to historic properties 
within historic districts. If no such property is suitable, then Federal 
agencies shall consider other developed or undeveloped sites within 
historic districts. Federal agencies shall then consider historic 
properties outside of historic districts, if no suitable site within a 
district exists. Any rehabilitation or construction that is undertaken 
pursuant to this order must be architecturally compatible with the 
character of the surrounding historic district or properties.
    Sec. 3. Identifying and Removing Regulatory Barriers. Federal 
agencies with responsibilities for leasing, acquiring, locating, 
maintaining, or managing Federal facilities or with responsibilities for 
the planning for, or managing of, historic resources shall take steps to 
reform, streamline, and otherwise minimize regulations, policies, and 
procedures that impede the Federal Government's ability to establish or 
maintain a presence in historic districts or to acquire historic 
properties to satisfy Federal space needs, unless such regulations, 
policies, and procedures are designed to protect human health and safety 
or the environment. Federal agencies are encouraged to seek the 
assistance of the Advisory Council on Historic Preservation when taking 
these steps.
    Sec. 4. Improving Preservation Partnerships. In carrying out the 
authorities of the National Historic Preservation Act, the Secretary of 
the Interior, the Advisory Council on Historic Preservation, and each 
Federal agency shall seek appropriate partnerships with States, local 
governments, Indian tribes, and appropriate private organizations with 
the goal of enhancing participation of these parties in the National 
Historic Preservation Program. Such partnerships should embody the 
principles of administrative flexibility, reduced paperwork, and 
increased service to the public.
    Sec. 5. Judicial Review. This order is not intended to create, nor 
does it create, any right or benefit, substantive or procedural, 
enforceable at law by a party against the United States, its agencies or 
instrumentalities, its officers or employees, or any other person.
                                                     William J. Clinton.
