40 U.S.C.
United States Code, 2001 Edition
Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
CHAPTER 10 - MANAGEMENT AND DISPOSAL OF GOVERNMENT PROPERTY
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 472 - Definitions
From the U.S. Government Publishing Office, www.gpo.gov

§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lands reserved or dedicated for national forest or national park purposes; minerals in lands or portions of lands withdrawn or reserved from the public domain which the Secretary of the Interior determines are suitable for disposition under the public land mining and mineral leasing laws; and lands withdrawn or reserved from the public domain except lands or portions of lands so withdrawn or reserved which the Secretary of the Interior, with the concurrence of the Administrator, determines are not suitable for return to the public domain for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, §3, 63 Stat. 378; Sept. 5, 1950, ch. 849, §§7(a), 8(a), 64 Stat. 590, 591; July 12, 1952, ch. 703, §1(a), (b), 66 Stat. 593; Sept. 1, 1954, ch. 1211, §4(c), 68 Stat. 1129; Aug. 12, 1955, ch. 874, §2, 69 Stat. 722; Pub. L. 85–337, §5, Feb. 28, 1958, 72 Stat. 29; Pub. L. 86–70, §30(a), June 25, 1959, 73 Stat. 148; Pub. L. 86–624, §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 [§751 et seq.] of this title, referred to in par. (c), was in the original a reference to “title I hereof”.

The mining laws and the mineral leasing laws, referred to in subsec. (d), are classified generally to Title 30, Mineral Lands and Mining.

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, §1(a), enlarged definition of “public domain” by inserting provisions contained in parenthesis.

Subsec. (k). Act July 12, 1952, §1(b), inserted “or has the option” after “obligated”.

1950—Subsec. (b). Act Sept. 5, 1950, §8(a), redefined “Federal agency”.

Subsec. (d). Act Sept. 5, 1950, §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 16 section 470w–7; 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.