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TITLE 40.-PUBLIC BUILDINGS, PROPERTY, AND WORKS

Central heating, lighting, and power plant.

22a. Heat for Corcoran Gallery of Art.

22b. Heat for Board of Governors of the Federal Reserve

System.

22c. Rates for heat for non-Federal public buildings.

23.

Maximum rates for gas.

24. Lighting lamps in public grounds.

25-27. Omitted.

27a. Repealed.

28-30a. Omitted.

31. Use of public buildings for public ceremonies. Alterations or work on Treasury Building.

Restriction on expenditures for production of electricity.

33a. Construction of office buildings by wholly owned Government corporations.

Rent of buildings in District of Columbia; contracts not to be made until appropriation.

Same; rent of other buildings.

36-37a. Repealed.

38-40a. Omitted.

Repealed.

Rooms and accommodations for Civil Service Commission.

Advertisements and sales in or around Washington Monument.

Repealed.

45.

Chief of Engineers; charge of Washington Aqueduct

Sec.

1. Control and allotment of space in public buildings in District of Columbia.

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1a. Repealed.

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2-5. Omitted.

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5a. Repealed.

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6. Laws not affected by creation of Office of Public Buildings and Public Parks of National Capital. 7-13. Repealed.

13a. United States Supreme Court Building; structural and mechanical care; care and maintenance of grounds.

53a. MacArthur Boulevard; jurisdiction and control. Moneys for public works; expenditure.

54.

Mains or pipes; laying for use of public buildings. Same; unauthorized opening.

57, 58. Omitted.

13b. Same; structural, mechanical, and grounds employees.

55. 56.

13c. Same; domestic care and custody; superintendent, employees.

59.

60.

13e. Care and maintenance of Oliver Wendell Holmes Garden.

13d. Repealed.

13f. Supreme Court Building and grounds; policing; designation of special policemen.

13g. Same; restriction of public travel.

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13h. Same; sale of articles; signs; solicitation.

66.

131. Same; injuries to property.

13j. Same; firearms or fireworks; speeches; objectionable language.

67.

Permits for extensions of buildings beyond building line.

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Sec.

71b. National Capital Regional Council.

(a) Establishment; composition; compensation
of members; chairman.

(b) Additions to National Capital region.
(c) Staff assistance; services and facilities.
(d) Preparation of regional plan; contents;
considerations.

(e) Collaboration and cooperation with Com-
mission and agencies; information and
surveys; hearings; recommendations.
(f) Procedure in making recommendations,
adopting plans, etc.

71c. Comprehensive plan for the National Capital.
(a) Preparation and adoption by Commission;
collaboration with Council.

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(e) Consultation with interested agencies;

hearings; citizen advisory councils.

(a) Consultations between agencies and Com-
mission; procedure.

(b) Exceptions to consultation procedure.
(c) Approval of District Government buildings
within central area.

(d) Additional procedure for consultation on
developments and projects within
environs.

(e) Intent of section; interchange of plans, data, etc.

71e. Thoroughfare and mass transportation plans. (a) Preparation and adoption by Commission; submission and approval; revision.

(b) Consultations prior to adoption of thoroughfare plan; recommendations; report by Council; procedure by Bureau of Public Roads.

Part of Washington Aqueduct for playground purposes.

Laws of District extended to public buildings and grounds.

Ailanthus trees prohibited.

Trees, shrubs, and plants, in greenhouses and

nursery.

Commission of Fine Arts.

Same; secretary and executive officer.

Same; limitation of annual expenditure.

107, 108. Omitted.

109-112. Repealed.

112a. Contracts for fuel for public buildings in advance of appropriations.

113.

114.

Delivery of fuel for use during ensuing fiscal year.
Repealed.

115. Disposition of proceeds of sale of fuel.
1158. Purchases by Government fuel yards.
116-119. Repealed.

120.

121.

122.

123.

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72. 72a. Acquisition of land by Commission subject to limited rights reserved to grantor; acquisition of limited permanent rights in land adjoining park property.

Acquisition of land by Commission.

72b. Lease of lands acquired for park, parkway, or playground purposes.

72c. Power of Commission to sell lands. 72d. Same; expense of sales.

72e. Same; execution of deeds to lands.

73. Authorization of appropriations for expenses, and acquisition of lands by Commission; assignment of playground areas; control of lands, outside District.

74. Annual reports of Commission to Congress; estimates for Bureau of the Budget.

748. Sale by the Secretary of the Interior of lands no longer needed for public purposes.

74b. Same; sale to highest bidder; rights of abutting owner.

74c. Same; expenses of sale; disposition of proceeds.
75-77. Omitted.
77a.

Guard for Treasury Department buildings; detail of Secret Service agents to supervise. 78. Use of spaces or reservations for widening roadways.

Acquisition of lands in District of Columbia; proceedings.

Regulation of height, design, and construction of private and semipublic buildings adjacent to public buildings and grounds; building permits. Jurisdiction over public lands; transfer by Federal and District authorities.

Same; effect of section 122 on existing laws. Theodore Roosevelt Island; administration; development.

Same; means of access; care, maintenance, and improvements; appropriation.

Same; erection of monument or memorial and related structures.

Same; designation in documents, etc.

Approval by Administrator of General Services of sketches, plans, and estimates of buildings; exemptions.

Lease of building space by wholly owned Government corporations; rental.

Courthouse for United States Court of Appeals and United States District Court for the District of Columbia; maintenance and operation; allocation of space.

Regulations

CROSS REFERENCES

By Secretary of Labor respecting payments of wages by contractors, see section 3.1 et seq. of Appendix to this title.

Relating to surplus property, see section 55.1 et seq. of Appendix to this title.

Relating to surplus real estate, see section 101.41 et seq. of Appendix to this title. Reorganization of Executive Agencies, see Executive Order No. 6166, §§ 1, 2, promulgated June 10, 1953, set out as a note under sections 124-132 of Title 5. Executive Departments and Government Officers and Employees.

Right of action for death or personal injury within national park or other place under exclusive jurisdiction of United States or governed by State laws, see section 457 of Title 16, Conservation.

§ 1. Control and allotment of space in public buildings in District of Columbia.

The Administrator of General Services shall have the absolute control of and the allotment of all space in the several public buildings owned or buildings leased by the United States in the District of Co

lumbia, with the exception of the Executive Mansion and office of the President, Capitol Building, the Senate and House Office Buildings, the Capitol power plant, the buildings under the jurisdiction of the Regents of the Smithsonian Institution, and the Congressional Library Building, and shall from time to time assign and allot, for the use of the several activities of the Government, all such space. (Mar. 1, 1919, ch. 86, § 10, 40 Stat. 1269; Ex. Ord. No. 6166, § 2, June 10, 1933; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389; 1939 Reorg. Plan No. I, §§ 301, 303, eff. July 1, 1939, 4 F. R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1950 Reorg. Plan No. 18, § 1, eff. July 1, 1950, 15 F. R. 3177, 64 Stat. 1270.)

CODIFICATION

Act July 1, 1916, ch. 209, § 1, 39 Stat. 328, created a commission to investigate, ascertain and report what public buildings were needed, or likely to be needed, in the District of Columbia.

Act Mar. 1, 1919, created a Public Buildings Commission to control and allot space in government buildings in the District of Columbia. That act included a temporary provision appropriating $10,000 for the immediate use of the Commission.

Act Mar. 3, 1921, ch. 124, § 1, 41 Stat. 1291, restored the title "Architect of the Capitol", ex officio member of the former Public Buildings Commission created under this section as enacted originally. The title "Superintendent of the Capitol Building and Grounds", was referred to in act March 1, 1919. See note under section 161 of this title.

TRANSFER OF FUNCTIONS

All functions with respect to acquiring space in buildings by lease, all functions with respect to assigning and reassigning space in buildings for use by agencies (including both space acquired by lease and space in Government-owned buildings), were, with certain exceptions, transferred from the respective agencies in which theretofore vested to the Administrator of General Services by section 1 of 1950 Reorg. Plan No. 18, eff. July 1, 1950, 15 F. R. 3177, 64 Stat. 1270, set out as a note under section 490 of this title. For delegation of those transferred functions to other personnel of the General Services Administration, or to the heads and personnel of other agencies, and for transfer of personnel, property, records, and funds, see sections 3 and 4 of that plan.

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator, and all functions of the Commissioner of Public Buildings Administration, were transferred to the Administrator of General Services by section 103 (a) of act June 30, 1949. The Federal Works Agency, the office of Federal Works Administrator, the office of Commissioner of Public Buildings, and the Public Buildings Administration, were abolished by section 103 (b) of that act. Section 103 is set out as section 630b of Title 5, Executive Departments and Government Offcers and Employees.

The functions of the National Park Service in the District of Columbia in connection with the general assignment of space, etc., were transferred to the Public Buildings Administration in the Federal Works Agency by 1939 Reorg. Plan No. I, set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

Office of National Parks, Buildings, and Reservations in the Department of the Interior was charged to "National Park Service" by act Mar. 2, 1934.

The former Public Buildings Commission, created by act Mar. 1, 1919, was abolished by Executive Order No. 6166 of June 10, 1933, and its functions were transferred to the Office of National Parks, Buildings, and Reservations in the Department of the Interior.

EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, as effective July 1, 1949, see note set out under section 471 of this title.

TRANSFER OF TITLE OF WHOLLY OWNED GOVERNMENT CORPORATIONS BUILDINGS CONTROL AND ALLOTMENT OF SPACE Section 306 of act July 30, 1947, ch. 358, title III, 61 Stat. 584, provided in part: "Title to all office buildings at the seat of government, which are owned by wholly owned Government corporations, and all right, title, or interest of such corporations in the land upon which such buildings are located are hereby transferred to the United States, and the Secretary of the Treasury is authorized and directed to discharge the indebtedness to the Treasury of any corporation holding such rights, title, or interests in any such land or building to the value thereof as determined by the Secretary of the Treasury as of the date of transfer: Provided, That in case of disagreement on the part of the head of the Corporation with respect to said value as determined, the Administrator of the Federal Works Agency shall make a final determination of the property value. Hereafter, such buildings shall be controlled and managed in the same manner as prescribed in the Act of March 1, 1919, as amended (section 1 of this title)."

CROSS REFERENCES

Lease of building space by wholly owned Government corporations, and rental, see section 129 of this title. Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title, and notes thereunder.

Section as applicable to buildings constructed, extended, or enlarged under other provisions of law, see section 346 of this title.

Survey of Government-owned or leased office space in or outside District of Columbia, see section 294 of this title.

Vending stands for blind in federal buildings, see chapter 6A of Title 20, Education.

§ 1a. Repealed. June 30, 1949, ch. 288, title I, § 103 (b), 63 Stat. 380, eff. July 1, 1949.

Section, act July 9, 1943, ch. 210, 57 Stat. 390, related to the compensation of the former Commissioner of Public Buildings.

§§ 2-5. Omitted.

CODIFICATION

Sections, acts Feb. 26, 1925, ch. 339, §§ 1-4, 43 Stat. 983; July 3, 1930, ch. 846, 46 Stat. 907; 1933 Ex. Ord. No. 6166, § 2, June 10, 1933; Mar. 2, 1934, ch. 38, § 1, 48 Stat. 389, related to the abolition of the commission in charge of the State, War, and Navy Department Buildings and of the Office of Public Buildings and Grounds; to the establishment of the Office of Public Buildings and Public Parks of the National Capital; and to the transfer of officers, employees, functions, records, etc., of the abolished agencies to that agency.

The Office of Public Buildings and Public Parks of the National Capital was abolished, and its functions were transferred to the National Park Service, by Ex. Ord. No. 6166, § 2, June 10, 1933, set out as a note under sections 124-132 of Title 5, Executive Departments and Government Officers and Employees.

The functions of the National Park Service in the District of Columbia in connection with general assignment of space, etc., were transferred to the Public Buildings Administration in the Federal Works Agency by 1939 Reorg. Plan No. I, §§ 301, 303, eff. July 1, 1939, 4 F. R. 2729, 53 Stat. 1426, 1427, set out as a note under section 133t of Title 5, Executive Departments and Government Officers and Employees.

For abolishment of the Federal Works Agency and the Public Buildings Administration, and transfer of functions thereof, see note under section 1 of this title.

§ 5a. Repealed. Oct. 31, 1951, ch. 654, § 1 (73), 65 Stat. 704.

Section, act July 19, 1932, ch. 510, 47 Stat. 705, which related to employment of landscape architects, architects, engineers, artists, etc., in connection with public buildings in the National Capital, is now covered by section 630h of Title 5, Executive Departments and Government Officers and Employees.

§ 6. Laws not affected by creation of Office of Public Buildings and Public Parks of National Capital.

CODIFICATION

Section, act Feb. 26, 1925, ch. 339, § 6, 43 Stat. 984, related to the Office of Public Buildings and Public Parks of the National Capital, which was abolished by Ex. Ord. No. 6166, § 2, eff. June 10, 1933, see note under section 5a of this title.

§ 7. Repealed. Oct. 31, 1951, ch. 654, § 1 (74), 65 Stat. 704.

Section, act July 8, 1918, ch. 139, § 1, 40 Stat. 831, which related to distribution of building employees among various government office buildings, is now covered by section 630d of Title 5, Executive Departments and Government Officers and Employees.

§ 7a. Repealed. June 30, 1949, ch. 288, title I, § 103 (b), 63 Stat. 380, eff. July 1, 1949.

Section, acts June 26, 1943, ch. 145, title I, § 101, 57 Stat. 176; June 27, 1944, ch. 286, title I, § 101, 58 Stat. 367; May 3, 1945, ch. 106, title I, § 101, 59 Stat. 112; Mar. 28, 1946, ch. 113, title I, § 101, 60 Stat. 65, related to appointment of personnel by the former Commissioner of Public Buildings, and is now covered by chapter 11C of Title 5, Executive Departments and Government Offcers and Employees.

§§ 8-13. Repealed. Oct. 31, 1951, ch. 654, § 1 (75)—(80), 65 Stat. 704.

Section 8, R. S. § 1798, related to expenditures of appropriations made for repairs and improvements of public buildings and grounds in the District of Columbia.

Sections 9-13 related to the care and supervision of a number of specified office buildings in the District of Columbia. They were derived from the following acts: Section 9-Mar. 3, 1883, ch. 128, § 1, 22 Stat. 553. Section 10-May 22, 1908, ch. 186, § 1, 35 Stat. 218; Mar. 28, 1918, ch. 28, § 1, 40 Stat. 482; June 4, 1918, ch. 92, 40 Stat. 598.

Section 11-Mar. 28, 1918, ch. 28, § 1, 40 Stat. 483; June 4, 1918, ch. 92, 40 Stat. 598.

Section 12-May 24, 1922, ch. 199, 42 Stat. 554.
Section 13-Feb. 13, 1923, ch. 72, 42 Stat. 1239.

§ 13a. United States Supreme Court Building; structural and mechanical care; care and maintenance of grounds.

The Architect of the Capitol shall have charge of the structural and mechanical care of the United States Supreme Court Building, including the care and maintenance of the grounds, and the supplying of all mechanical furnishings and mechanical equipment for the building. The operation and maintenance of the mechanical equipment and repair of the building shall be performed under his direction and he is authorized to enter into all necessary contracts. (May 7, 1934, ch. 222, § 1, 48 Stat. 668.)

§ 13b. Same; structural, mechanical, and grounds employees.

Employees required for the performance of the provisions of section 13a of this title shall be (a) appointed by the Architect of the Capitol with the approval of the Chief Justice of the United States; (b) compensated in accordance with the provisions of the Classification Act of 1949; and (c) be subject to the provisions of chapter 14 of Title 5. (May 7, 1934, ch. 222, § 2, 48 Stat. 668; Oct. 28, 1949, ch. 782, title XI, § 1106 (a), 63 Stat. 972.)

REFERENCES IN TEXT

The Classification Act of 1949, referred to in the text, is set out in chapter 21 of Title 5, Executive Departments and Government Officers and Employees.

AMENDMENTS

1949-Act Oct. 28, 1949, substituted "the Classification Act of 1949" for "the Classification Act of 1923".

§ 13c. Same; domestic care and custody; superintendent; employees.

All other duties and work required for the operation, domestic care, and custody of the building shall be performed under the direction of the Marshal of the Supreme Court of the United States, who shall be superintendent of the United States Supreme Court Building. (May 7, 1934, ch. 222, § 3, 48 Stat. 668; June 25, 1948, ch. 646, § 27, 62 Stat. 990.)

AMENDMENTS

1948-Act June 25, 1948, amended section by omitting provision relating to custodial employees as it is now covered by section 672 of Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 38 of act June 25, 1948, provided that the amendment of this section should be effective as of Sept. 1, 1948.

§ 13d. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948.

Section, act May 7, 1934, ch. 222, § 4, 48 Stat. 668, related to disbursement of appropriations by the marshal, and is now covered by section 672 of Title 28, Judiciary and Judicial Procedure.

§ 13e. Care and maintenance of Oliver Wendell Holmes Garden.

After the completion and dedication of the Oliver Wendell Holmes Garden, it shall be maintained and cared for by the Architect of the Capitol in accordance with the provisions of law applicable with respect to the maintenance and care of the grounds of the United States Supreme Court Building. (Oct. 22, 1940, ch. 908, § 6, 54 Stat. 1208.)

CROSS REFERENCES

Maintenance and care of Supreme Court Building, see sections 13a-13c of this title and section 672 of Title 28, Judiciary and Judicial Procedure.

§ 13f. Supreme Court Building and grounds; policing; designation of special policemen.

The Marshal of the Supreme Court of the United States, under the general supervision and direction of the Chief Justice of the United States, may designate employees of the Supreme Court as special policemen, without additional compensation, for duty in connection with the policing of the Supreme Court Building and grounds and adjacent streets. (Aug. 18, 1949, ch. 479, § 1, 63 Stat. 616.)

§ 13g. Same; restriction of public travel.

Public travel in and occupancy of the Supreme Court grounds is restricted to the sidewalks and other paved surfaces. (Aug. 18, 1949, ch. 479, § 2,

63 Stat. 616.)

§ 13h. Same; sale of articles; signs; solicitation. It shall be unlawful to offer or expose any article for sale in the Supreme Court Building or grounds; to display any sign, placard, or other form of advertisement therein; or to solicit fares, alms, subscriptions, or contributions therein. (Aug. 18, 1949, ch. 479, 3, 63 Stat. 616.)

§ 13i. Same; injuries to property.

It shall be unlawful to step or climb upon, remove, or in any way injure any statue, seat, wall, fountain,

or other erection or architectural feature, or any tree, shrub, plant, or turf in the Supreme Court Building or grounds. (Aug. 18, 1949, ch. 479, § 4, 63 Stat. 617.)

§ 13j. Same; firearms or fireworks; speeches; objectionable language.

It shall be unlawful to discharge any firearm, firework or explosive, set fire to any combustible, make any harangue or oration, or utter loud, threatening, or abusive language in the Supreme Court Building or grounds. (Aug. 18, 1949, ch. 479, § 5, 63 Stat. 617.)

§ 13k. Same; parades or assemblages; display of flags. It shall be unlawful to parade, stand, or move in processions or assemblages in the Supreme Court Building or grounds, or to display therein any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement. (Aug. 18, 1949, ch. 479, § 6, 63 Stat. 617.)

§ 131. Same; rules and regulations; publication; effective date.

(a) In addition to the restrictions and requirements specified in sections 13g-13k of this title, the Marshal of the Supreme Court may prescribe such regulations, approved by the Chief Justice of the United States, as may be deemed necessary for the adequate protection of the Supreme Court Building and grounds and of persons and property therein, and for the maintenance of suitable order and decorum within the Supreme Court Building and grounds.

(b) All regulations promulgated under the authority of this section shall be printed in one or more of the daily newspapers published in the District of Columbia, and shall not become effective until the expiration of ten days after the date of such publication. (Aug. 18, 1949, ch. 479, § 7, 63 Stat. 617.)

§ 13m. Same; penalties.

Whoever violates any provision of sections 13g13k of this title, or of any regulation prescribed under section 137 of this title, shall be fined not more than $100 or imprisoned not more than sixty days, or both, prosecution for such offenses to be had in the municipal court for the District of Columbia, upon information by the United States Attorney or any of his assistants: Provided, That in any case where, in the commission of any such offense, public property is damaged in an amount exceeding $100, the period of imprisonment for the offense may be not more than five years. (Aug. 18, 1949, ch. 479, § 8, 63 Stat. 617.)

§ 13n. Same; jurisdiction and powers of special police and Metropolitan Police force.

The special police provided for in section 13f of this title shall have the power, within the Supreme Court Building and grounds and adjacent streets, to enforce and make arrests for violations of any provision of sections 13g-13k of this title, of any regulation prescribed under section 131 of this title, or of any law of the United States or of any State or any regulation promulgated pursuant thereto: Provided, That the Metropolitan Police force of the District of Columbia are authorized to make

arrests within the Supreme Court Building and grounds for any violations of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Marshal of the Supreme Court or his assistants, to enter the Supreme Court Building to make arrests in response to complaints or to serve warrants or to patrol the Supreme Court Building or grounds. (Aug. 18, 1949, ch. 479, § 9, 63 Stat. 617.)

§ 130. Same; suspension of prohibitions against use of grounds.

In order to permit the observance of authorized ceremonies within the Supreme Court Building and grounds, the Marshal of the Supreme Court of the United States may suspend for such occasions so much of the prohibitions contained in sections 13g13k of this title, as may be necessary for the occasion, but only if responsible officers shall have been appointed, and arrangements determined which are adequate, in the judgment of the Marshal, for the maintenance of suitable order and decorum in the proceedings, and for the protection of the Supreme Court Building and grounds and of persons and property therein. (Aug. 18, 1949, ch. 479, § 10, 63 Stat. 617.)

§ 13p. Same; area of grounds.

For the purposes of sections 13f-13p of this title the Supreme Court grounds shall be held to extend to the line of the face of the east curb of First Street Northeast, between Maryland Avenue Northeast and East Capitol Street; to the line of the face of the south curb of Maryland Avenue Northeast, between First Street Northeast and Second Street Northeast; to the line of the face of the west curb of Second Street Northeast, between Maryland Avenue Northeast and East Capitol Street; and to the line of the face of the north curb of East Capitol Street between First Street Northeast and Second Street Northeast. (Aug. 18, 1949, ch. 479, § 11, 63 Stat. 617.)

§ 14. Repealed. Oct. 31, 1951, ch. 654, § 1 (80), 65 Stat. 704.

Section, act Feb. 13, 1923, ch. 72, 42 Stat. 1239, related to care, maintenance, etc., of Department of Commerce buildings.

§ 14a. Care, maintenance, etc., of Bureau of Standards building.

The responsibility for the care, maintenance, and protection of the buildings occupied by the Bureau of Standards of the Department of Commerce in the District of Columbia and the disbursement of the funds appropriated therefor, together with all the machinery, tools, equipment, and supplies used or for use, in connection therewith, shall be transferred on July 1, 1926, from the office of Public Buildings and Public Parks of the National Capital to the Secretary of Commerce. (Apr. 29, 1926, ch. 195, title III, 44 Stat. 356.)

REFERENCES IN TEXT

The Office of Public Buildings and Public Parks of the National Capital, referred to in the text, was abolished. and its functions transferred to the Office of National Parks, Buildings and Reservations in the Department of the Interior, by section 2 of Ex. Ord. No. 6166. June 10, 1933, set out as a note under sections 124-132 of Title 5,

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