(Extract from) [PUBLIC LAW 585-79TH CONGRESS] [S. 1717] AN ACT For the development and control of atomic energy. (8) without regard to the provisions of the Surplus Property Act of 1944 or any other law, make such disposition as it may deem desirable of (A) radioactive materials, and (B) any other property the special disposition of which is, in the opinion of the Commission, in the interest of the national security. Approved August 1, 1946. (Extract from) [PUBLIC LAW-597-79TH CONGRESS] [CHAPTER 741-2D SESSION] AN ACT To amend the Philippine Rehabilitation Act of 1946, for the purpose of making a clerical correction. SEC. 3. Section 201 of such Act is amended on page 8, lines 12 and 17, after the word "Philippines," by addition of the following "(Republic of the Philippines),". Approved August 2, 1946. [CHAPTER 790-2D SESSION] [H. R. 6702] AN ACT To clarify the rights of former owners of real property to reacquire such property under the Surplus Property Act of 1944. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 23 (a) (1) of the Surplus Property Act of 1944 is amended to read as follows: “(1) The term 'real property' means property consisting of land, together with any fixtures and improvements thereon (including hotels, apartment houses, hospitals, office buildings, stores, and other commercial structures) located outside the District of Columbia, but does not include (A) commercial structures constructed by, at the direction of, or on behalf of any Government agency, (B) commercial structures which the Administrator determines have been made an integral part of a functional or economic unit which should be disposed of as a whole, and (C) war housing, industrial plants, factories, airports, airport facilities, or similar structures and facilities, or the sites thereof, or land which the Administrator determines essential to the use of any of the foregoing; and". SEC. 2. Section 23 (c) of the Surplus Property Act of 1944 is amended by adding at the end thereof the following: "The classification of property by the Administrator (including the determination of whether property is 'real property' as defined in this section) shall be based on the highest and best use of the property at the time it is reported as surplus property regardless of its former character or use." SEC. 3. The Secretary of War and the War Assets Administration are authorized and directed to take such action as may be necessary (A) to reinstate the leasehold covering the Chamberlin Hotel, Fort Monroe, Old Point Comfort, Virginia, and its appurtenant land, buildings, utilities, and facilities, which leasehold, with all the furnishings and equipment used in connection therewith, was acquired on December 30, 1941, by the Department of the Navy, and on December 20, 1945, declared by the Department of the Navy to be surplus to its needs and responsibilities; and (B) to convey and sell, to the former owner or owners authorized under this section to be the lessee under the reinstated leasehold, all of the right, title, and interest in and to such hotel, land, buildings, utilities, furnishings, and equipment, which existed in the person who was the lessee prior to such acquisition by the Department of the Navy. The former owner or owners for the purposes of this section shall be either (i) those persons who on December 30, 1941, owned bonds to secure payment of which the property was then held by a trustee, and who, within sixty days after the date of first publication of notice in a newspaper of general circulation in the county in which the property is situated, as hereinafter provided, commit themselves, in such manner as the War Assets Administrator may prescribe, to participate in the acquisition of the property, the participation by each such person to be in the proportion which the face amount of the bonds owned by such person on December 30, 1941, is of the aggregate face amount of such bonds owned by all of the participants, or (ii) a corporation all of the shares of which (except qualifying shares) are owned in like proportion by the persons making such commitments. Notice of the right of such persons to have the benefits of this section shall be given by publication in the Federal Register, publication in a newspaper of general circulation in the county in which the property is situated, and by any other means which may be deemed appropriate by the War Assets Administrator. The leasehold shall contain the same terms and conditions as that which was in effect immediately prior to the acquisition of the property by the Department of the Navy, and upon the reinstatement thereof shall be subject to all of the provisions of Public Resolution 71, Sixty-seventh Congress (42 Stat. 843), as if such acquisition by the Department of the Navy had not taken place. The consideration to be paid to the United States for reinstating such leasehold and for such conveyance and sale to the former owner or owners shall be a price not greater than that for which the property was acquired by the United States. Such acquisition price being properly adjusted to reflect any increase or decrease in the value of the property resulting from action by the United States, or a price equal to the market price at the time of sale, whichever price is the lower. This section shall cease to be in effect unless, within six months from the date of the enactment of this Act, the former owner or owners pay or tender the consideration prescribed in this section for the reinstatement of the leasehold and for such conveyance and sale. Approved August 7, 1946. . [CHAPTER 804-2D SESSION] [S. 1547] AN ACT To provide for the disposition of vessels, trophies, relics, and material of historicab interest by the Secretary of the Navy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy is authorized, upon such terms and conditions as he may in his discretion prescribe, to transfer by gift or otherwise obsolete. or condemned vessels of the United States Navy or captured vessels in the possession of the Navy to any of the several States, Territories, or possessions of the United States, and political subdivisions, or municipal corporations thereof, the District of Columbia, Canal Zone, or to corporations or associations whose charter or articles of agreement denies them the right to operate for profit. The transfer agreement for the disposition of any vessel shall include a stipulation that the transferee shall maintain the vessel in a condition satisfactory to the Navy Department and that no expense shall result to the United States as a consequence of such transfer or as a consequence of such terms and conditions prescribed by the Secretary of the Navy: Provided, That the provisions of section 34 (a) of the Surplus Property Act of 1944 (58 Stat. 765; 50 U. S. C. 1611) shall apply to this Act.. SEC. 2. The Secretary of the Navy is authorized, in his discretion, to loan or give to any of the several States, Territories, or possessions. of the United States, and political subdivisions or municipal corporations thereof, the District of Columbia, Canal Zone, Soldiers Monument Associations, post of the Grand Army of the Republic,. posts of the Veterans of Foreign Wars of the United States, posts of The American Legion, and other recognized war veteran associations, State museums, libraries, historical societies, and museums operated and maintained for educational purposes only, whose charter denies them the right to operate for profit, and posts of the Sons: of Veterans Reserve, educational institutions whose graduates or students fought in World War I or World War II, captured, condemned, or obsolete ordnance, guns, projectiles, books, manuscripts, works of art, drawings, plans, models, and other condemned or obso lete material, trophies, and flags, and other material of historic interest which may not be needed in the service of the Navy Department: Provided, That the material authorized by this section to be loaned or given by the Secretary of the Navy shall not include any records of the Federal Government as defined in the Act approved July 7, 1943 (57 Stat. 380; 44 U. S. C. 366). SEC. 3. The Secretary of the Navy is authorized to loan or give to any individual who sponsored a ship or vessel, the name plate or any small article of a negligible or sentimental value, from that ship or vessel and any person, State, group, or organization named in section 2 of this Act who donated any article, material, or equipment includ ing donations of silver service, may receive such articles, equipment, or material at the discretion of the Secretary of the Navy. The loans or gifts described in sections 2 and 3 of this Act shall be made subject to such rules and regulations as may be prescribed by the Secretary of the Navy and the Government shall be at no expense in connection with any such loan or gift. SEC. 4. The Secretary of the Navy is authorized to transfer, without reimbursement, such devices and trophies as he may in his discretion determine, to the Secretary of the Treasury for the promotion of the sale of war or victory bonds, and to any other Government agency for scientific, experimental, monumental, or display purposes. The Secretary of the Treasury is authorized to sell or donate such war devices and trophies for the promotion of the sale of war or victory bonds. SEC. 5. Any person who gave or loaned binoculars to the United States or to the United States Navy in order that such binoculars might be used in the naval service during World War II and to whom the binoculars given or loaned cannot be returned, shall be entitled to receive from the Secretary of the Navy binoculars similar in type to the binoculars given or loaned. SEC. 6. No transfer, loan, or gift authorized by section 1 or 2 of this Act shall take effect until information of the proposal to make such transfer, loan, or gift has been transmitted to the Congress. The transfers authorized by section 1 of this Act shall take effect upon the expiration of the first period of sixty calendar days of continuous session of the Congress following the date on which information of the proposal to make such transfer is transmitted to the Congress; but only if, between the date of transmittal and the expiration of such sixty-day period there has not been passed by the two Houses a concurrent resolution stating in substance that the Congress does not favor the proposed transfer. The loans and gifts authorized by section 2 of this Act shall take effect upon the expiration of the first period of thirty calendar days of continuous session of the Congress following the date on which information of the proposal to make such loan or gift is transmitted to the Congress; but only if, between the date of transmittal and the expiration of such thirty-day period, there has not been passed by the two Houses a concurrent resolution stating in. substance that the Congress does not favor the proposed loan or gift. Approved August 7, 1946. |