been made at a cost less than that upon which the authorization was based, such cost shall not, unless authorized by the President, be increased by any changes or additions not essential for the completion of the project as originally planned. Sec. 320, Title III, Part II, act of June 30, 1932 (47 Stat. 412); 40 U. S. C. 267a. 946. Buildings at military posts; acquisition of sites for barracks and quarters.-* * Provided, That hereafter in acquiring sites for fortifications it shall be the duty of the Secretary of War, in every case of such acquirement, to purchase or otherwise procure at the same time under this and future appropriations for this purpose, sufficient land for necessary barracks and quarters for the Artillery troops required in connection with each of such fortifications; but no part of the money appropriated for military posts shall be used for the purchase of any land except as herein specifically provided. Sec. 1, act of Apr. 28, 1904 (33 Stat. 497); 50 U. S. C. 173.

947. For text of this section as published in the 1929 Edition, see 66, ante.

*

948. Buildings at military posts; construction and repair to be by contract.— * Provided, and the erection, construction, and repair of all buildings and other public structures in the Quartermaster's Department shall, as far as may be practicable, be made by contract, after due legal advertisement: * Act of Feb. 27, 1893 (27 Stat. 484); 10 U. S. C. 1336.

*

The compilers of the United States Code have not followed the recommendation of the War Department (J. A. G. 010.3, Nov. 12, 1929, p. 211) that the second paragraph of the 1929 text of this section, based on act of February 27, 1893 (27 Stat. 484), making appropriations for the support of Army, 10 U. S. C. 1340, be omitted as obsolete. It has been omitted from the Military Laws.

And

949. Buildings at military posts; cost limit, quarters for officers.provided further, That hereafter no part of this appropriation or any appropriation hereafter made shall be expended for the construction of quarters for officers of the Army in the United States or its possessions, the total cost of which, including heating and plumbing apparatus, wiring and fixtures, shall exceed in the case of an officer above the rank of captain, $14,500, and of an officer of and below the rank of captain, $12,500. Sec. 1, act of Feb. 25, 1927 (44 Stat. 1235); 10 U. S. C. 1337.

950. Buildings at military posts; cost limits, permanent barracks and quarters.-Permanent barracks or quarters and buildings and structures of a permanent nature shall not be constructed unless detailed estimates shall have been previously submitted to Congress, and approved by a special appropriation for the same, except when constructed by the troops; and no such structures, the cost of which shall exceed twenty thousand dollars, shall be erected unless by special authority of Congress. *R. S. 1136; sec. 1, act of Feb. 27, 1877 (19 Stat.

242); 10 U. S. C. 1339.

*

* Provided further, That no part of the funds herein appropriated shall be available for construction of a permanent nature of an additional building or an extension or addition to an existing building, the cost of which in any case exceeds $20,000: *. Title I, act of Feb. 23, 1931 (46 Stat. 1287), making appropriations for the support of the War Department.

The above provision appeared in the act cited, under the heading "Barracks and quarters and other buildings and utilities." It has been repeated in subsequent appropriation acts. R. S. 1136, supra, is not applicable to construction at Air Corps stations and depots. See 938a, ante.

The other portion of R. S. 1136 is set forth at 944, ante.

951. The text of this section as published in the 1929 Edition, based on section 1, act of June 6, 1900 (31 Stat. 624), 10 U. S. C. 1338, should be omitted as executed. (J. A. G. 010.3, Nov. 12, 1929, p. 210.)

*

952. Buildings at military posts; cost limits, hospitals.Provided, That no building or structure of a permanent nature, the cost of which shall exceed $30,000, shall hereafter be erected for use as an Army hospital unless by special authority of Congress. Act of May 12, 1917 (40 Stat. 58) ; 24 U. S. C. 21.

953. Buildings at military posts; expenditures limited.

*

*

Provided further, That hereafter no expenditure exceeding $5,000 shall be made upon any building or military post or grounds about the same without the approval of the Secretary of War, upon detailed estimates submitted to him. Act of May 12, 1917 (40 Stat. 74); 10 U. S. C. 1333.

954. Buildings at military posts; use of rooms for post-office purposes.--Hereafter, at all military posts where post offices have been established, the Secretary of War shall assign proper and suitable room or rooms for post-office purposes. Sec. 1, act of Aug. 1, 1914 (38 Stat. 629) ; 10 U. S. C. 1345.

* *

955. Buildings at military posts; use of rooms for school and religious purposes.-* It shall be the duty of the post or garrison commander to set apart a suitable room or building for school and religious purposes. 10 U. S. C. 1172.

*

R. S. 1231;

And pro

956. Buildings at military posts; use by post exchanges.—* vided further, That hereafter no money appropriated for the support of the Army shall be expended for post gardens or exchanges, but this proviso shall not be construed to prohibit the use by post exchanges of public buildings or public transportation when, in the opinion of the Quartermaster-General, not required for other purposes. Act of July 16, 1892 (27 Stat. 178); 10 U. S. C. 1335.

957. Buildings at military posts; use in connection with Indian education.That the Secretary of War be, and he is hereby, authorized to set aside, for use in the establishment of normal and industrial training schools for Indian youth from the nomadic tribes having educational treaty claims upon the United States, any vacant posts or barracks, so long as they may not be required for military occupation, and to detail one or more officers of the Army for duty in connection with Indian education, under the direction of the Secretary of the Interior, at each such school so established: Act of July 31, 1882 (22 Stat. 181);

25 U. S. C. 276.

*

957a. Buildings; lease to the United States, consideration.-Hereafter no appropriation shall be obligated or expended for the rent of any building or part of a building to be occupied for Government purposes at a rental in excess of the per annum rate of 15 per centum of the fair market value of the rented premises at date of the lease under which the premises are to be occupied by the Government nor for alterations, improvements, and repairs of the rented premises in excess of 25 per centum of the amount of the rent for the first year of the rental term, or for the rental term if less than one year: Provided, That the provisions of this section shall not apply to leases heretofore made, except when renewals thereof are made hereafter, nor to leases of premises in foreign countries for the foreign services of the United States: Provided further, That the provisions of this section as applicable to rentals shall apply only where the rental to be paid shall exceed $2,000 per annum. Sec. 322, Title III, Part II, act of June 30, 1932 (47 Stat, 412); sec. 15, Title II, act of Mar. 3, 1933 (47 Stat. 1517); 40 U. S. C. 40a.

957b. Buildings; lease to United States, for housing of Federal agencies.-The Director of Procurement, with the approval of the Secretary of the Treasury, is further authorized to procure space by lease, on such terms and for such period

not in excess of five years as he may deem in the public interest, for the housing of any Federal agency or agencies outside of the District of Columbia, except the Post Office Department, and to assign and reassign space therein in the same manner as is authorized with respect to surplus real property by section 1 of this Act, and to require the Federal agencies to whom space is assigned therein to pay the total expenditures required under such lease during its entire term in the manner specified in section 2 of this Act. Sec. 3, act of Aug. 27, 1935 (49 Stat. 886); 40 U. S. C. 304c.

For sections 1, 2, 4, and 5 of this act, see 984b, post.

958. Buildings in the District of Columbia; rental for storage purposes.-The heads of the several executive departments are authorized to enter into contracts for the lease, for periods of not exceeding six years, of modern fireproof storage accommodations within the District of Columbia for their respective departments, at rates per square foot of available floor space not exceeding 25 cents, payable from appropriations that Congress may from time to time make for rent of buildings for their respective departments. Act of Mar. 2, 1913 (37 Stat. 718); 40 U. S. C. 36.

959. Buildings in the District of Columbia; rental in lieu of others.And where buildings are rented for public use in the District of Columbia, the executive departments are authorized, whenever it shall be advantageous to the public interest, to rent others in their stead: Provided, That no increase in the number of buildings now in use, nor in the amounts paid for rents, shall result therefrom. Sec. 1, act of Aug. 5, 1882 (22 Stat. 241); 40 U. S. C. 35.

960. Buildings in the District of Columbia; rental in time of war.Provided further, That in time of war, or when war is imminent, the Secretary of War is hereby authorized, in his discretion, to rent or lease any building or part of building in the District of Columbia that may be required for military purposes. Ch. I, act of July 9, 1918 (40 Stat. 861); 40 U. S. C. 37.

961. Buildings in the District of Columbia; unauthorized rental prohibited.— * * * and hereafter no contract shall be made for the rent of any building, or part of any building, to be used for the purposes of the Government in the District of Columbia, until an appropriation therefor shall have been made in terms by Congress, and that this clause be regarded as notice to all contractors or lessors of any such building or any part of building. Act of Mar. 3, 1877 (19 Stat. 370); 40 U. S. C. 34.

rental of buildings, including not to exceed $900 in the District of Columbia, provided space is not available in Government-owned buildings, *. Title I, act of Feb. 23, 1931 (46 Stat. 1287), making appropriations for the support of the War Department.

The second paragraph of the 1929 text of this section based on act of February 28, 1929 (45 Stat. 1359), was superseded by the above, which has been repeated in subsequent appropriation acts.

962. Buildings in the District of Columbia; requisition by War Department.The Secretary of War is authorized, for the official purposes of the War Department, and within the limits of the appropriations for rent made by this or any other act making appropriations for the War Department, to requisition the use of, and take possession of, any building or any space in any building, and the appurtenances thereof, in the District of Columbia, other than a dwelling house occupied as such or a building occupied by any other branch of the United States Government, and he shall ascertain and pay just compensation for such use. If the amount of compensation so ascertained be not satisfactory to the person

entitled to receive the same, such person shall be paid seventy-five per centum of such amount and shall be entitled to sue the United States to recover such further sum as, added to said seventy-five per centum, will make up such amount as will be just compensation for such use in the manner provided by section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code. Sec. 1, act of July 8, 1918 (40 Stat. 826); 40 U. S. C. 41. For sections of the Judicial Code referred to above, see 753, 768, ante.

963. By virtue of the act of February 26, 1925 (43 Stat. 983) and Executive Order No. 6166, June 10, 1933, the "officer in charge of public buildings and grounds of the District of Columbia" is no longer an Army officer. The text of this section as published in the 1929 Edition, based on section 1, act of March 1, 1920 (41 Stat. 500), is accordingly omitted as no longer affecting the War Department.

964. Cemeteries; erection of headstones and preservation of records.-That the Secretary of War is hereby authorized to erect headstones over the graves of soldiers who served in the Regular or Volunteer Army of the United States during the war for the Union, and who have been buried in private village or city cemeteries, in the same manner as provided by the law of March third, eighteen hundred and seventy-three, for those interred in national military cemeteries. The Secretary of War shall cause to be preserved in the records of his department the names and places of burial of all soldiers for whom such headstones shall have been erected by authority of this or any former Acts. Act of Feb. 3, 1879 (20 Stat. 281) ; 24 U. S. C. 280.

That the Secretary of War is authorized to erect headstones over the graves of soldiers who served in the Confederate Army and who have been buried in national, city, town, or village cemeteries or in any other places, each grave to be marked with a small headstone or block which shall be of durable stone and of such design and weight as shall keep it in place when set and shall bear the name of the soldier and the name of his State inscribed thereon when the same are known. The Secretary of War shall cause to be preserved in the records of the War Department the name, rank, company, regiment, and date of death of the soldier and his State; if these are unknown it shall be so recorded. Act of Feb. 26, 1929 (45 Stat. 1307); 24 U. S. C. 280a.

for headstones for unmarked graves of soldiers, sailors, and marines under the acts approved March 3, 1873 (U. S. C., title 24, sec. 279), February 3, 1879 (U. S. C., title 24, sec. 280), March 9, 1906 (34 Stat., p. 56), March 14, 1914 (38 Stat., p. 768), and February 26, 1929 (U. S. C., Supp. III, title 24, sec. 280a), and civilians interred in post cemeteries; Title II, act of Feb. 23, 1931 (46 Stat. 1302), making appropriations for the support of the War Department.

* *

The second paragraph of the 1929 text of this section, based on act of March 9, 1906 (34 Stat. 56), is superseded by the second paragraph, supra, and was properly omitted from the United States Code (J. A. G. 010.3, Nov. 12, 1929, p. 277).

The last paragraph of the 1929 text of this section, based on act of February 28, 1929 (45 Stat. 1375), making appropriations for the support of the War Department, was superseded by the third paragraph, supra, which has been repeated in subsequent appropriation acts.

By act of April 16, 1932 (47 Stat. 87), the Secretary of War was authorized to erect one single marker in the La Fayette, Ga., cemetery, in which are buried fifteen unknown Confederate soldiers, at a cost not exceeding that of fifteen separate markers as now authorized by law.

The annual War Department appropriation acts regularly provide for the maintenance of Confederate burial plats as follows: Confederate Mound, Oakwood Cemetery, Chicago; Confederate Cemetery, North Alton, Ill.; Confederate Cemetery, Rock Island, Ill.; Confederate Cemetery, Point Lookout, Md.; Confederate Stockade Cemetery, Johnstons Island, Sandusky Bay, Ohio; Confederate Cemetery, Camp Chase, Columbus, Ohio.

The provisions of act of Mar. 3, 1873 (17 Stat. 545), mentioned above, were incorporated into R. S. 4877, post, 973.

965. National cemeteries; acquisition of sites.-The Secretary of War shall purchase from the owners thereof, at such price as may be mutually agreed upon between the Secretary and such owners, such real estate as in his judgment is suitable and necessary for the purpose of carrying into effect the provisions for national cemeteries, and obtain from such owners the title in fee simple for the same. And in case the Secretary of War is not able to agree with any owner upon the price to be paid for any real estate needed for such purpose, or to obtain from such owner title in fee simple for the same, the Secretary is hereby authorized to enter upon and appropriate any real estate which, in his judgment, is suitable and necessary for such purposes. R. S. 4870; 24 U. S. C. 271.

Control and administration of most of the national cemeteries in the United States were transferred to the Office of National Parks, Buildings, and Reservations in the Department of the Interior (designated the "National Park Service" by section 1, act of March 2, 1934, 48 Stat. 389, making appropriations for the Interior Department) by Executive Order No. 6166 of June 10, 1933, as interpreted by Executive Order No. 6228 of July 28, 1933, issued under authority of Title IV, Part II, act of June 30, 1932 (47 Stat. 413), as amended.

Provisions for the acceptance by the United States Government of the Confederate cemetery at Springfield, Mo., and for the care, etc., thereof by the keeper of the national cemetery which it adjoins, with a proviso that organized bodies of ex-Confederates or individuals should have free and unrestricted entry to the cemetery for the purpose of burying ex-Confederates, etc., were made by act of Mar. 3, 1911 (36 Stat. 1077).

Provisions for the acceptance by the United States Government of the Confederate cemetery at Little Rock, Ark., and for the care, etc., thereof by the keeper of the national cemetery which it adjoins with a proviso that organized bodies of ex-Confederates or individuals should have free and unrestricted entry to the cemetery for the purpose of burying ex-Confederates, etc., were made by sec. 1, act of Feb. 7, 1913 (37 Stat. 663), as amended by the act of March 26, 1938 (52 Stat. 117).

By act of February 3, 1931 (46 Stat. 1060), the Secretary of War was authorized to acquire the Confederate Stockade Cemetery, situated on Johnstons Island, Sandusky Bay, Ohio.

$100,000 was made available for acquisition by the Secretary of War of lands required for the enlargement of existing national cemeteries by Title II, War Department Appropriation Act of May 15, 1936 (49 Stat. 1304).

$250,000 was authorized to be appropriated for the acquisition of lands in the vicinity of New York City for this purpose by act of May 18, 1936 (49 Stat. 1354), and this sum was appropriated in Title III, Deficiency Appropriation Act of June 22, 1936 (49 Stat. 1641).

By act of June 15, 1936 (49 Stat. 1514), as amended by act of May 24, 1937 (50 Stat. 200), the Secretary of War was to set aside as a national cemetery a plot of land in the Fort Bliss, Texas, reservation. Act of June 23, 1936 (49 Stat. 1888), makes similar provision as to Fort Snelling, Minnesota.

The act of June 11, 1937 (50 Stat. 256), authorizes the acquisition of land in the vicinity of San Francisco, California, for the enlargement of existing national cemetery facilities. Funds were appropriated in War Department civil appropriation act of June 11, 1938 (52 Stat. 668).

965a. National cemeteries; donation of sites by States.-That the Secretary of War is authorized to accept (on behalf of, and without cost to, the United States) from any State title to such land as he deems suitable for national cemetery purposes. Upon the acquisition of such land by the United States, the Secretary of War is authorized to establish thereon a national cemetery and to provide for the care and maintenance of such national cemetery. Act of June 29, 1938 (52 Stat. 1233); 24 U. S. O. 271a.

966. National cemeteries; appraisal of sites.-The Secretary of War or the owners of any real estate thus entered upon and appropriated, are authorized to make application for an appraisement of real estate thus entered upon and appropriated, to any circuit or district court within any State or district where such