Page:United States Statutes at Large Volume 55 Part 1.djvu/387

 PUBLIC LAWS-CH. 260-JUNE 28, 1941 Areas where certain acute shortages exist. Authority conferred. Acquisition oflands, etc. Waiver of statutory requirements. 10U. .C.§1339; 41U.S.. §5. 40U.S.C.§40a. 40U.S.C.§34. 40 U. S. C. §§257- 258 e, 361-386. Planning and con- struction. Waiver of statutory requirements. 10U.S.C.f1339; 41U. .C.§S. 40U.S. C.§40a. Loans or grants for public works, etc. " Private agency" defined. Cost-plus, etc., con- tracts. Proriso. Utilization of exist- ing facilities. Maintenance of public works by Fed- eral personnel, restric- tion. and purification of water, hospitals and other places for the care of the sick, recreational facilities, and streets and access roads. "SEC. 202. Whenever the President finds that in any area or locality an acute shortage of public works or equipment for public works necessary to the health, safety, or welfare of persons engaged in national-defense activities exists or impends which would impede national-defense activities, and that such public works or equipment cannot otherwise be provided when needed, or could not be provided without the imposition of an increased excessive tax burden or an unusual or excessive increase in the debt limit of the taxing or borrowing authority in which such shortage exists, the Federal Works Administrator is authorized, with the approval of the President, in order to relieve such shortage- "(a) To acquire, prior to the approval of title by the Attorney General if necessary (without regard to sections 1136, as amended, and 3709 of the Revised Statutes), improved or unimproved lands or interests in lands by purchase, donation, exchange, lease (without regard to section 322 of the Act of June 30, 1932 (47 Stat. 412), as amended, the Act of March 3, 1877 (19 Stat. 370), or any time limit on the availability of funds for the payment of rent), or condemna- tion (including proceedings under the Acts of August 1, 1888 (25 Stat. 357), March 1, 1929 (45 Stat. 1415), and February 26, 1931 (46 Stat. 1421)), for such public works. "(b) By contract or otherwise (without regard to sections 1136, as amended, and 3709 of the Revised Statutes, section 322 of the Act of June 30, 1932 (47 Stat. 412), or any Federal, State, or municipal laws, ordinances, rules, or regulations relating to plans and specifica- tions or forms of contract, the approval thereof or the submission of estimates therefor), prior to the approval of title by the Attorney General if necessary, to plan, design, construct, remodel, extend, repair, or lease public works, and to demolish structures, buildings, and improvements, on lands or interests in lands acquired under the provisions of subsection (a) hereof or on other lands of the United States which may be available (transfers of which for this purpose by the Federal agency having jurisdiction thereof are hereby author- ized notwithstanding any other provisions of law), provide proper approaches thereto, utilities, and transportation facilities, and procure necessary materials, supplies, articles, equipment, and machinery, and do all things in connection therewith to carry out the purposes of this title. "(c) To make loans or grants? or both, to public and private agencies for public works and equipment therefor, and to make con- tributions to public or private agencies for the maintenance and operation of public works, upon such terms and in such amounts as the Administrator may consider to be in the public interest. As used in this paragraph, the term 'private agency' means any private agency no part of the net earnings of which inures to the benefit of any private shareholder or individual. "SEC. 203. (a) In carrying out this title-- "(1) no contract on a cost plus a percentage of cost basis shall be made, but contracts may be made on a cost plus a fixed fee basis: Provided, That the fixed fee does not exceed 6 per centum of the estimated cost; "(2) wherever practicable, utilization shall be made of existing private and public facilities or such facilities shall be extended, enlarged, or equipped in lieu of constructing new facilities; (3) public works shall be maintained and operated by officers and employees of the United States only if and to the extent that local public and private agencies are, in the opinion of the 362 [55 STAT.

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