
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: 40USC802]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
     CHAPTER 18--NATIONAL VISITOR CENTER FACILITIES; UNION STATION 
                  REDEVELOPMENT; CAPITOL GUIDE SERVICE
 
                       SUBCHAPTER I--UNION STATION
 
                     Part A--National Visitor Center
 
Sec. 802. Terms and conditions of agreements and leases


(a) General provisions

    The agreements and leases authorized by section 801 of this title 
shall be subject to the following terms and conditions:

                           (1) Alterations

        the Company shall agree to make such alterations of the Union 
    Station Building as the Secretary determines necessary to provide 
    adequate facilities for visitors, which facilities, including the 
    parking facility under paragraph (3), shall be representative of the 
    highest standards of excellence of design and function;

                       (2) Commencement; term

        the lease of the Union Station Building shall commence on a date 
    to be mutually agreed upon and shall not be for a term of more than 
    twenty-five years;

                    (3) Parking facilities; term

        the Company, in consultation with the Secretary, shall construct 
    all or part of a parking facility, including necessary approaches 
    and ramps for adequate circulation, to accommodate automobiles, 
    charter buses, and other transportation, as appropriate, in the 
    airspace northerly of and adjacent to the existing Union Station 
    Building, and such structure shall be leased to the United States 
    for a term not to exceed twenty-five years commencing upon a date to 
    be mutually agreed upon;

                 (4) New railroad passenger station

        the Company shall, and it is hereby authorized to construct a 
    new railroad passenger station in the area beneath or adjacent to 
    the parking facility referred to in paragraph (3);

      (5) Purchase option; amount; fair market value; notice, 
              terms and conditions, and credit of rentals paid

        the United States shall have the option to purchase all of the 
    property leased under this subchapter for an amount not in excess of 
    the fair market value of such property any time after the first year 
    of the lease on one year's written notice and on such terms and 
    conditions including credit toward such purchase price of any 
    portions of rentals paid by the United States as may be mutually 
    agreed upon;

                   (6) Rentals; fair rental value

        rentals paid by the United States shall not exceed the fair 
    rental value of the property as mutually determined by the 
    Secretary, the Administrator, and the Lessor;

               (7) Limitation on annual cost of leases

        the aggregate annual cost to the United States of all leases 
    entered into under this subchapter shall not exceed $3,500,000;

         (8) Limitation on alteration and parking facility 
                             construction costs

        the total cost of all alterations referred to in paragraph (1) 
    and all construction referred to in paragraph (3) shall not exceed 
    $16,000,000, except that total cost of such alterations shall not 
    exceed $5,000,000.

(b) Other terms and conditions

    In addition to the terms and conditions set forth in subsection (a) 
of this section, agreements and leases entered into under authority of 
this part shall include such other terms and conditions as the Secretary 
and the Administrator jointly shall prescribe.

(c) Supplemental alterations and construction; competitive bidding or 
        negotiated contract; Federal title; purchase option; limitation 
        of fund

    In addition to the alterations and construction by the company 
pursuant to subsection (a) of this section, the Secretary is authorized 
to undertake, directly by competitive bidding or, if he deems it to be 
in the best interest of the United States, by negotiated contract with 
the company, its successors, agents, and assigns, such alterations and 
construction, with regard to the Union Station Building and the adjacent 
parking facility, as he deems necessary to supplement the activities of 
the company in providing adequate facilities for visitors under the 
agreements and leases referred to in subsection (a) of this section. The 
Secretary may exercise the authority under this subsection without 
regard to whether or not title to the Union Station Building or the 
airspace adjacent thereto is in the United States: Provided, That he 
shall have entered into an agreement for a lease (but such lease need 
not have commenced) with the company incorporating the provisions of 
paragraph (5) of subsection (a) of this section prior to the exercise of 
the authority under this subsection: And provided further, That not to 
exceed $21,580,000 of the funds authorized to be appropriated in section 
807 of this title shall be available for the Secretary to carry out the 
provisions of this subsection.

(Pub. L. 90-264, title I, Sec. 102, Mar. 12, 1968, 82 Stat. 43; Pub. L. 
93-62, Sec. 1, July 6, 1973, 87 Stat. 146; Pub. L. 93-478, Secs. 1-3, 
Oct. 26, 1974, 88 Stat. 1449; Pub. L. 97-125, Sec. 4(b), Dec. 29, 1981, 
95 Stat. 1673.)


                               Amendments

    1981--Subsec. (b). Pub. L. 97-125 substituted ``this part'' for 
``this subchapter''.
    1974--Subsec. (a)(2). Pub. L. 93-478, Sec. 1, substituted ``mutually 
agreed upon'' for ``mutually agreed upon contingent upon when such 
facilities are available for public use,''.
    Subsec. (a)(3). Pub. L. 93-478, Sec. 2, substituted ``shall 
construct all or part of a parking facility, including necessary 
approaches and ramps for adequate circulation, to accommodate 
automobiles, charter buses, and other transportation, as appropriate, in 
the airspace northerly of and adjacent to the existing Union Station 
Building, and such structure shall be leased to the United States for a 
term not to exceed twenty-five years commencing upon a date to be 
mutually agreed upon'' for ``shall construct a parking facility, 
including necessary approaches and ramps, to accommodate as nearly as 
possible four thousand motor vehicles in the air space northerly of and 
adjacent to the existing Union Station Building, and such facility 
shall, upon completion, be leased to the United States for a term not to 
exceed twenty-five years''.
    Subsec. (c). Pub. L. 93-478, Sec. 3, substituted ``$21,580,000'' for 
``$8,680,000''.
    1973--Subsec. (c). Pub. L. 93-62 added subsec. (c).


      National Visitor Center Emergency Repairs; Authorization of 
Appropriations; Consultation; Legal Liability for Repairs; Civil Action; 
                        Existing Lease Unaffected

    Pub. L. 96-610, Secs. 2, 3, Dec. 28, 1980, 94 Stat. 3564, provided 
that:
    ``Sec. 2. (a) There is hereby authorized to be appropriated to the 
Secretary of the Interior for the fiscal year ending September 30, 1981, 
the sum of $11,000,000 for the purpose of making emergency repairs to 
the primary structure and roofs of the National Visitor Center in the 
District of Columbia and for the purpose of providing protection of the 
structural elements of the unfinished parking facility and southeast 
ramp at such Center. Such sum shall remain available until expended.
    ``(b) Prior to entering into any contract for the repairs or 
protection authorized by subsection (a) of this section, the Secretary 
of the Interior shall consult with the Secretary of Transportation 
regarding the planning for such repairs or protection.
    ``Sec. 3. (a) The Office of Legal Counsel of the Department of 
Justice shall prepare an opinion on the question of whether the United 
States or the Terminal Realty Baltimore Co. and the Terminal Realty Penn 
Co. are legally liable for the repairs anticipated by the provisions of 
this Act [enacting section 809 of this title and this note]. If the 
Office of Legal Counsel determines that there is a reasonable cause to 
believe a party other than the United States is legally obligated to 
bear all or a portion of the costs of that repair authorized by this 
Act, the Attorney General shall institute an action to recover 
expenditures that were incurred by the Secretary pursuant to this Act.
    ``(b) None of the actions taken pursuant to the provisions of this 
Act shall be deemed to limit or affect in any way the rights of the 
United States under the lease for real property between Terminal Realty 
Baltimore Co. and Terminal Realty Penn Co. and the United States of 
America, dated March 1, 1972, or any additions or modifications 
thereto.''

                  Section Referred to in Other Sections

    This section is referred to in sections 808, 813, 819 of this title.
