An Act to amend the Public Buildings Act of 1959, as amended; to provide for financing the acquisition, construction, alteration, maintenance, operation and protection of public buildings, and for other purposes
PL 92-313 (S.1736), enacted 06/16/1972

216 
June 14, 1972 
[S.1140] 
Southern Ute 
Indian Tribe, 
Colo. 
Tribal lands, 
sale. 
Funds. 
Mortgages. 
62 Stat. 939; 
79 Stat. 887. 
PUBLIC LAW 92.312-JUNE 14, 1972 
[86 STAT. 
Public Law 92-312 
" 
AN ACT 
To aTifliorize the sale of certain lands of the Southern Ute Indian Tribe, and for 
other purposes. 
Be it enacted hy the Seitate and House of liepyesentat'treH of the 
United States of America in Coiigress assembled.^ That, subject to the 
provisions of the Southern L'te Indian tribal constitution and the 
ordinances and resolutions adopted thereunder, any lands that are 
held by the United States in trust for the Southern Ute Indian Tribe 
or that are subject to a restriction against alienation or taxation 
imposed by the United States, and that are not needed for Indian use, 
may be sold by the Southern Ute Indian Tribe, with the approval of the 
Secretary of the Interior, and such sale shall terminate the Federal 
trust or restrictions against alienation or taxation of the lands, except 
that the trust or restricted status of said lands may be retained, upon 
approval of the Secretary of the Interior, in any sale to a member of the 
tribe. 
SEC. 2. All funds derived from the sale of lands pursuant to this 
Act shall be used only for the purchase of real property within the 
boundaries of the Southern Ute Indian Keservation. Title to any lands 
purchased with such funds and title to any lands reacquired by the 
tribe by foreclosure of a mortgage or deed of trust shall be taken in 
the name of the United States in trust for the Southern Ute Indian 
Tribe. 
SEC. 3. Any tribal lands that may be sold pursuant to section 1 of 
this Act may, with the approval of the Secretary of the Interior, be 
encumbered by a mortgage or deed of trust, and shall be subject to 
foreclosure or sale pursuant to the terms of such mortgage or deed of 
trust in accordance with the laws of the State in which the land is 
located. The United States shall be an indispensable party to any such 
proceeding with the right of removal of the proceeding to the United 
States district court for the district in which the land is located, follow-
ing the procedure in section 1446, title 28 of the United States Code, 
and the United States shall have the right to appeal from any order of 
remand in the proceeding. 
Approved June 14, 1972. 
June 16, 1972 
[S.1736] 
Public Buildings 
Amendments of 
1972. 
Public Law 92-313 
AN ACT 
To amend the Public Buildings Act of 1959, as amended, to provide for financing 
the acquisition, construction, alteration, maintenance, operation, and protec-
tion of public buildings, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Public Buildings Amendments of 1972". 
SEC. 2. The Public Buildings Act of 1959 (73 Stat. 479), as 
amended (40 U.S.C. 601 et seq.), is amended as follows: 
(1) strike out in subsection (b) of section 4 the figure 
"$200,000-' and insert the figure "$500,000" in lieu thereof; 
(2) strike out in subsection (a) of section 12 the following: 
"as he determines necessary,"; 
86 STAT. ] 
PUBLIC LAW 92-313-JUNE 16, 1972 
217 
(8) insert at the end of section 12(c) the following sentence: 
"In developing plans for such new buildings, the Administrator 
shall give due consideration to excellence of architecture and 
design."; and 
(4) section 7 is amended to read as follows: 
"SEC, 7. (a) In order to insure the equitable distribution of public 
buildings throughout the Ignited States with due regard for the 
comparative urgency of need for such buildings, except as provided in 
section 4, no appropriation shall be made to construct, alter, purchase, 
or to acquire any building to be used as a public building which 
involves a total expenditure in excess of $500,000 if such construction, 
alteration, purchase, or acquisition has not been approved by reso-
lutions adopted by the Committee on Public Works of the Senate 
and House of Representatives, respectively. No appropriation shall 
be made to lease any space at an average annual rental in excess of 
$500,000 for use for public purposes if such lease has not been approved 
by resolutions adopted by the Committee on Public Works of the 
Senate and House of Representatives, respectively. For the purpose 
of securing consideration for such approval, the Administrator shall 
transmit to the Congress a prospectus of the proposed facility, includ-
ing (but not limited to)— 
"(1) a brief description of the building to be constructed, 
altered, purchased, acquired, or the space to be leased under this 
Act: 
"(2) the location of the building or space to be leased and an 
estimate of the maximum cost to the United States of the facility 
to be constructed, altered, purchased, acquired, or the space to 
be leased; 
"(3) a comprehensive plan for providing space for all Govern-
ment officers and employees in the locality of the proposed facility 
or the space to be leased, having due regard for suitable space 
Avliich may continue to be available in existing Government-owned 
or occupied buildings; 
"(4) with respect to any project for the construction, altera-
tion, purchase, or acquisition of any building, a statement by the 
Administrator that suitable space owned by the Government is 
not available and that suitable rental space is not available at a 
price commensurate with that to be afforded through the proposed 
action; and 
"(5) a statement of rents and other housing costs currently 
being paid by the Government for Federal agencies to be housed 
in the building to be constructed, altered, purchased, acquired, 
or the space to be leased. 
"(b) The estimated maximum cost of any project approved under 
this section as set forth in any prospectus may be increased by an 
amount equal to the percentage increase, if any, as determined by 
the Administrator, in construction or alteration costs, as the case may 
be, from the date of transmittal of such prospectus to Congress, but 
in no event shall the increase authorized by this subsection exceed 
10 per centum of such estimated maximum cost. 
73 Stat. 482. 
40 u s e 611. 
40 u s e 606. 
Proposed facili-
ties, congres-
sional approval. 
Prospectus, 
transmittal to 
eongress. 
Estimated maxi-
mum cost, 
increase. 
218 
PUBLIC LAW 92-313-JUNE 16, 1972 
[86 STAT. 
Emergency 
leasing authority. 
66 Stat, 594; 
72 Stat. 1709. 
Real property 
management 
financing fund. 
Post, 
p. 219, 
Unexpended 
balances, merger. 
40 u s e 296. 
Advances. 
"(c) In the case of any project approved for construction, altera-
tion, or acquisition by the Committees on Public Works of the Senate 
and of the House of Representatives, respectively, in accordance with 
subsection (a) of this section, for which an appropriation has not 
been made within one year after the date of such approval, either 
the Committee on Public Works of the Senate or the Committee on 
Public Works of the House of Representatives, may rescind, b_v 
resolution, its approval of such project at any time thereafter before 
such an appropriation has been made. 
"(d) Nothing in this section shall be construed to prevent the 
Administrator from entering into emergency leases during any period 
declared by the President to require such emergency leasing author-
ity, except that no such emergency lease shall be for a period of more 
than 180 days without approval of a prospectus for such lease in 
accordance with subsection (a) of this section." 
SEC. 3. Subsection (f) of section 210 of the Federal Property and 
Administrative Services Act of 1949, as amended (40 U.S,C. 490(f)), is 
amended to read as follows: 
"(f) (1) There is hereby established in the Treasury of the United 
States on such date as may be determined by the Administrator, a fund 
into which there shall be deposited the following revenues and col-
lections : 
"(A) User charges made pursuant to subsection (j) of this 
section payable in advance or otherwise. 
"(B) Proceeds with respect to building sites authorized to be 
leased pursuant to subsection (a) of this section. 
"(C)Receipts from carriers and others for loss of, or damage 
to, property belonging to the fund. 
"(2) Moneys deposited into the fund shall be available for expendi-
ture for real property management and related activities in such 
amounts as are specified in annual appropriations Acts without regard 
to fiscal year limitations. 
"(3) There are hereby merged with the fund established under this 
subsection, unexpended balances of (A) the Buildings Management 
Fund (including any surplus therein), established pursuant to this 
subsection prior to its amendment by the Public Buildings Amend-
ments of 1972; (B) the Construction Services Fund, created by 
section 9 of the Act of June 14, 1946 (60 Stat. 259), as amended; and 
(C) any funds appropriated to General Services Administration under 
the headings 'Repair and Improvement of Public Buildings', 'Con-
struction, Public Buildings Projects', 'Sites and Expenses, Public 
Buildings Projects', 'Construction, Federal Office Building Numbered 
7, Washington, District of Columbia', and 'Additional Court Facili-
ties', in any appropriation Act, for the years prior to the fiscal year in 
which the fund becomes operational. The fund shall assume all the 
liabilities, obligations, and commitments of the said (1) Buildings 
Management Fund, (2) Construction Services Fund, and (3) the 
appropriations specified in (C) hereof. 
"(4) There is authorized to be appropriated to the fund for the 
fiscal year in which the fund becomes operational, and for the succeed-
ing fiscal year, such advances to the fund as may be necessary to carry 
out its purposes. Such advances shall be repaid within 30 years, with 
interest at a rate not less than a rate determined by the Secretary of 
the Treasuiy taking into consideration the current average market 
yield on outstanding marketable obligations of the United States with 
remaining period to maturity comparable to the average maturities 
86 
STAT.] 
PUBLIC LAW 92-313-JUNE 16, 1972 
219 
of suck advances adjusted to the nearest one-eighth of 1 per centum. 
"(5) In any fiscal year there may be deposited to miscellaneous 
receipts in the Treasury of the United States such amount as may be 
specified in appropriation Acts. 
"(6) Nothing in this section shall preclude the Administrator from 
providing special services not inchided in the standard level user 
charge on a reimbursable basis and such reimbursements may be 
credited to the fund established under this subsection.-' 
SEC. 4. Section 210 of the Federal Property and Administrative 
Services Act of 1949, as amended (40 U.S.C. 490), is amended by add-
ing two new subsections reading as follows: 
"(]') The Administrator is authorized and directed to charge any-
one furnished services, space, quarters, maintenance, repair, or other 
facilities (hereinafter referred to as space and services), at rates to be 
determined by the Administrator from time to time and provided for 
in regulations issued by him. Such rates and charges shall approximate 
commercial charges for comparable space and services, except that 
with respect to those buildings for which the Administrator of General 
Services is responsible for alterations only (as the term 'alter' is defined 
in section 13(5) of the Public Buildings Act of 1959 (73 Stat. 479), 
as amended (40 U.S.C. 612(5)), the rates charged the occupant for 
such services shall be fixed by the Administrator so as to recover only 
the approximate applicable cost incurred by him in providing such 
alterations. The Administrator may exempt anyone from the charges 
required by this subsection if he determines that such charges would 
be infeasible or impractical. To the extent any such exemption is 
granted, appropriations to the General Services Administration are 
authorized to reimburse the fund for any loss of revenue. 
"(k) Any executive agency, other than the General Services 
Administration, which provides to anyone space and services set 
forth in subsection (j) of this section, is authorized to charge tlie 
occupant for such space and services at rates approved by the Adminis-
traitor. Moneys derived by such executive agency from such rates or 
fees shall be credited to the appropriation or fund initially charged for 
providing the service, except that amounts which are in excess of 
actual operating and maintenance costs of providing the service shall 
be credited to miscellaneous receipts unless otherwise authorized by 
law." 
SEC. 5. (a) Whenever the Administrator of General Services deter-
mines that the best interests of the United States will be served by 
taking action hereunder, he is authorized to provide space by entering 
into purchase contracts, the terms of whicli shall not be more than 
thirty years and which shall provide in each case that title to the 
property shall vest in the United States at or before the expiration 
of the contract term and upon fulfillment of the terms and conditions 
stipulated in each of such purchase contracts. Such terms and condi-
tions shall include provision for the application to the purchase price 
agreed upon therein of installment payments made thereunder. Each 
purchase contract authorized by this section shall be entered into 
pursuant to the provisions of title I I I of the Federal Property and 
Administrative Services Act of 1949, as amended. If any sucli contract 
is negotiated, the determination and findings supporting such nego-
tiation shall be promptly reported in writing to the Committees on 
Public Works of the Senate and House of Representatives. Proposals 
for purchase contracts shall be solicited from the maximum number 
of qualified sources consistent with the nature and requirements of 
the facility to be procured. 
(b) Each such purchase contract shall include such provisions as 
the Administrator of General Services, in his discretion, shall deem 
to be in tlie best interests of the United States and appropriate to 
secure the performance of the obligations imposed upon the party 
64 Stat. 580; 
79 Stat. 1304. 
Space and serv-
ices furnished by 
GSA, charges. 
Exemption. 
Other executive 
agencies, rates. 
Purchase con-
tract authority. 
63 Stat. 393. 
41 u s e 251. 
Report to con-
gressional com-
mittees. 
220 
PUBLIC LAW 92-313-JUNE 16, 1972 
[86 
STAT. 
Limitation. 
Real property 
taxation. 
GSA agree-
ments, land im-
provement, author-
ization. 
73 Stat. 479. 
Ante, p. 217. 
Prospectus, 
submittal and 
approval. 
Authority, 
piration. 
or parties that shall enter into such agreement with the United States. 
Xo such purchase contract shall provide for any payments to be made 
by the L^nited States in excess of the amount necessary, as determined 
by the Administrator, to— 
(1) amortize the cost of construction of improvements to be 
constructed j)lus the fair market value, on the date of the agree-
ment, of the site, if not owned by the United States; and 
(2) provide a reasonable rate of interest on the outstanding 
principal as determined under paragraph (1) above; and 
(3) reimburse the contractor for the cost of any other obliga-
tions required of him under the contract, including (but not 
limited to) payment of taxes, costs of carrying appropriate 
insurance, and costs of repair and maintenance if so required 
of the contractor. 
(c) Funds available on the date of enactment of this subsection 
for the payment of rent and related charges for premises, whether 
appropriated directly to the General Services Administrat;ion or to 
any other agency of the Government and received by said Administra-
tion for such purpose, may be utilized by the Administrator of G(!neral 
Services to make payments becoming due from time to time from 
the United States as current charges in connection with agreements 
entered into under authority of this section. 
(d) With respect to any interest in real property acquired under 
the provisions of this section, the same shall be subject to State and 
local taxes until title to the same shall pass to the Government of 
tlie L^nited States. 
(e) For the purpose of purchase contracts provided for in this 
section for the erection by the contractor of buildings and improve-
ments for the use of the United States, the Administrator is authorized 
to enter into agreements with any person, copartnership, corporation, 
or other public or private entity, to effectuate any of the purposes of 
this section; and is further authorized to bring about the development 
and improvement of any land owned by the United States and under 
the control of the General Services Administration including the dem-
olition of obsolete and outmoded structures situated thereon, by pro-
viding for the construction thereon by others of such structures and 
facilities as shall be the subject of the applicable purchase contracts, 
and hj making available such plans and specifications for the con-
struction of a public building thereon as the Government may possess. 
Projects heretofore approved pursuant to the provisions of the Public 
Buildings Act of 1959, as amended (40 U.S.C. 601 et seq.), may be 
constructed under authority of this section without further approval, 
and the prospectuses submitted to obtain such approval shall for all 
purposes, be considered as prospectuses for the purchase of space, 
except that any such project shall be subject to the requirements of 
section 7(b) of the Public Buildings Act of 1959, as amended, based 
upon an estimated maximum cost increased by not more than an aver-
age of 10 per centum per year, exclusive of financing or other costs 
attributable to the use of the method of construction authorized by 
this section. 
(f) Except for previously approved prospectuses referred to in (e) 
above, no purchase contract shall be entered into pursuant to the 
authority of this section until a prospectus therefor has been submitted 
and approved in accordance with section 7 of the Public Buildings 
Act of 1959, as amended. 
(g) No purchase contract shall be entered into under the authority 
granted under this section after the end of the third fiscal year which 
begins after the date of enactment of this section. 
(h) No space shall be provided pursuant to this section until after 
the expiration of 30 days from the date upon which the Administrator 
of General Services notifies the Committees on Appropriations of the 
86 STAT. ] 
PUBLIC LAW 92-313-JUNE 16, 1972 
221 
U.S. 
right. reversion 
New York City, 
air rights for 
Conditions. 
Senate and House of Representatives of his determination that the 
best interests of the Federal Government will be served by providing 
such space by entering into a purchase contract therefor. 
SEC. 6. (a) The Postmaster General of the United States Postal eonvey°ante''f;r"'" 
Service shall convey to the city of Carbondale, Illinois, all right, title, public park. 
and interest of the United States and such Postal Service, in and to 
the real property (including any improvements thereon) in Carbon-
dale, Illinois, bounded by old West Main Street on the south, Glen-
view Drive on the west, Illinois Route 13 and access road to Murdale 
Shopping Center on the north, and by Texaco Service Station and 
lesidences on the north, approximately 308 feet on the east, 525 feet 
on the south, 420 feet on the west and with an irregular boundary 
on the north, a total area of approximately 191,000 square feet. The 
exact legal description of the property shall be determined by the 
Postmaster General, without cost to the city of Carbondale, Illmois. 
Such conveyance shall be made without payment of monetary consid-
eration and on condition that such property shall be used solely for 
public park purposes, and if it ever ceases to be used for such purpose, 
the title thereto shall revert to the United States which shall have the 
right of immediate reentry thereon. 
(b) (1) The United States Postal Service shall grant to the City 
of New York, without reimbursement, air rights for public housing public housing 
imrposes above the postal facility to be constructed on the real prop-
iTty bounded by Twenty-eighth and Twenty-ninth Streets, Ninth and 
Tenth Avenues, in the City of New York (the Morgan Annex site), 
such facility to be designed and constructed in such manner as to 
permit the building by the City of New York of a high-rise residential 
tower thereon, Provided^ That— 
(A) the City of New York shall grant to the Postal Service 
without reimbursement exclusive use of Tw^enty-ninth Street, 
l)etween Ninth and Tenth Avenues in the City of New York, such 
use to be irrevocable unless the Postal Service sells, leases, or 
otherwise disposes of the Morgan Annex site; and 
(B) the City of New York shall agree to reimburse the Postal 
Service for the additional cost of designing and constructing the 
foundations of its facility so as to render them capable of sup-
porting a residential tower above the facility, and shall issue any 
permits, licenses, easements and other authorizations which may 
be necessary or incident to the construction of the postal facility. 
(2) If within twenty-four months after the City of New York 
lias complied with the provisions of paragraphs (A) and (B) of sub-
section (d) (1) of this section, the United States Postal Service has 
not awarded a contract for the construction of its facility, the Postal 
Service shall convey to the City of New York, at the fair market value, 
all right, title and interest in and to the above-described real property. 
Such conveyance shall be made on the condition that such property 
shall be used solely for public housing purposes, and if public housing-
is not constructed on the property within five years after title is 
i^onveyed to the City of New York or if thereafter the property ever 
ceases to be used for such purposes, title thereto shall revert to the 
Postal Service, which shall have the right of immediate reentry 
thereon. 
SEC. 7. To carry out the provisions of the Public Buildings Amend-
ments of 1972, the Administrator of General Services shall issue such 
regulations as he deems necessary. Such regulations shall be coordi-
nated with the Office of Management and Budget, and the rates estab-
lished by the Administrator of General Services pursuant to sections 
210(j) and 210(k) of the Federal Property and Administrative Serv-
ices Act of 1949, as amended, shall te approved by the Director of 
the Office of Management and Budget. 
U.S. Postal 
Service, reversion 
right. 
Regulations. 
Ante, p. 219. 
222 
PUBLIC LAW 92-314-JUNE 16, 1972 
[86 STAT. 
House office 
space. 
69 Stat. 42. 
40 u s e 175 
note. 
"House Office 
Buildings." 
Kennedy Center. 
78 Stat. 4; 
83 Stat. 135. 
Appropriation. 
72 Stat. 1699; 
78 Stat. 4. 
National Park 
Service, nonper-
forming arts func-
tions. 
Appropriation. 
Effective date. 
Ante, p. 219. 
SEC. 8. (a) Xotwithstanding any other provision of law, the House 
Office Building Commission is authorized (1) to use, to such extent 
as it may deem necessary, for the purpose of providing office and 
other accommodations for the House of Representatives, the building, 
known as the Congressional Hotel, acquired by the Government in 
1957 as part of Lot 20 in Square 692 in the Disitrict of Columbia 
under authority of the Additional House Office Building Act of 1955 
and (2) to direct the Architect of the Capitol to lease, at fair market 
value, for such other use and under such terms and conditions and to 
such parties as such Commission may authorize, any space in such 
building not required for the aforesaid purpose. 
(b) Any space in such building used for office and other accom-
modations for the House of Representatives shall be deemed to be a 
part of the "House Office Buildings" and, as such, shall be subject to 
the laws, rules, and regulations applicable to those buildings. 
SEC. 9. Section 8 of the John F. Kennedy Center Act, as amended 
(72 Stat. 1969) is amended by inserting " (a)" immediately after "SEC. 
8." and by add.ing at the end thereof the following new subsection: 
"(b) There is hereby authorized to be appropriated to the Board 
not to exceed $1,500,000 for the fiscal year ending June 30, 1972, for 
the public costs of maintaining and operating the nonperforming arts 
functions of the John F. Kennedy Center for the Performing Arts.'' 
SEC. 10. Section 6 of the John F. Kennedy Center Act, as amended 
(72 Stat. 1968), is amended by adding at the end thereof the following-
new subsection: 
"(e) The Secretary of the Interior, acting through the National 
Park Service, shall provide maintenance, security, information, inter-
pretation, janitorial and all other services necessary to the nonperform-
ing arts functions of the John F. Kennedy Center for the Performing-
Arts. There is hereby authorized to be appropriated for the fiscal year 
ending June 30,1973, to the Secretary of the Interior such sums as may 
be necessary for carrying out this subsection." 
SEC. 11. This Act shall become effective upon enactment. The effec-
tive date of applying the rates to be charged pursuant to the regula-
tions to be issued under subsections (j) and (k) of section 210 of the 
Federal Property and Administrative Services Act of 1949, as 
amended, shall I
:
>
e as determined by the Administrator of General 
Services but in any event shall not be later than the beginning of the 
third full fiscal year subsequent to the enactment thereof. 
Approved June 16, 1972. 
June 16, 1972 
[S.3607] 
Public Law 92-314 
AN ACT 
To authorize appropriations to the Atomic Energy Commission in accordance 
with section 261 of the Atomic Energy Act of 1954, as amended, and for other 
purix>ses. 
Atomic Energy 
Commission. 
Appropriation 
authorization. 
77 Stat. 88. 
42 u s e 2017. 
Be it enacted hy the Senate and House of Refresentatives 
of the 
United States of America in Congress assemhled. 
SEC. 101. There is hereby authorized to be appropriated to the 
Atomic Energy Commission in accordance with the provisions of 
section 261 of the Atomic Energy Act of 1954, as amended: 
(a) For 
"Operating expenses", $2,110,480,000 not to exceed