
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: 40USC72a]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
CHAPTER 1--PUBLIC BUILDINGS, GROUNDS, PARKS, AND WHARVES IN DISTRICT OF 
                                COLUMBIA
 
Sec. 72a. Acquisition of land by Commission subject to limited 
        rights reserved to grantor; acquisition of limited permanent 
        rights in land adjoining park property
        
    The authority of the National Capital Planning Commission, 
established by section 71 of this title, is enlarged as follows:
    Said Commission is authorized to acquire, for and in behalf of the 
United States of America, by gift, devise, purchase, or condemnation, in 
accordance with the provisions of sections 71 to 71i, 72, 73, and 74 of 
this title, (1) fee title to land subject to limited rights, but not for 
business purposes, reserved to the grantor: Provided, That such 
reservation of rights shall not continue beyond the life or lives of the 
grantor or grantors of the fee: Provided further, That in the opinion of 
said Commission the permanent public park purposes for which control 
over said land is needed are not essentially impaired by said reserved 
rights and that there is a substantial saving in cost by acquiring said 
land subject to said limited rights as compared with the cost of 
acquiring unencumbered title thereto; (2) permanent rights in land 
adjoining park property sufficient to prevent the use of said land in 
certain specified ways which would essentially impair the value of the 
park property for its purposes: Provided, That in the opinion of said 
Commission the protection and maintenance of the essential public values 
of said park can thus be secured more economically than by acquiring 
said land in fee or by other available means: Provided further, That all 
contracts for acquisition of land subject to such limited rights 
reserved to the grantor and for acquisition of such limited permanent 
rights in land shall be subject to the approval of the President of the 
United States.

(Dec. 22, 1928, ch. 48, Sec. 1, 45 Stat. 1070; June 6, 1924, ch. 279, 
Sec. 9, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790.)

                       References in Text

    Former provisions of section 71 of this title, referred to in text, 
established the National Capital Park and Planning Commission, to which 
such clause originally referred. For transfer of functions, powers, 
etc., of that Commission to the National Capital Planning Commission, 
see Transfer of Functions note set out below, and for creation of the 
latter Commission, see section 71a of this title.

                          Codification

    Section is also set out in D.C. Code, Sec. 8-101.

                          Transfer of Functions

    In opening clause, ``National Capital Planning Commission'' 
substituted for ``National Capital Park and Planning Commission'', on 
authority of act June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, 
which transferred functions of latter to former. See section 71h of this 
title and Transfer of Functions note thereunder.

                         Delegation of Functions

    Authority of President under this section to approve contracts for 
acquisition of land subject to limited rights reserved to grantor and 
for acquisition of limited permanent rights in land adjoining park 
property delegated to Director of Office of Management and Budget, see 
section 9(5) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set 
out as a note under section 301 of Title 3, The President.
