71 



(b) Minimum wage rates. 



All contracts in excess of $2,000 for work on proj- 

 ects for airport development approved under this 

 subchapter which involve labor shall contain provi- 

 sions establishing minimum rates of wages, to be pre- 

 determined by the Secretary of Labor in accordance 

 with the Davis-Bacon Act, as amended, which con- 

 tractors shall pay to skilled and unskilled labor, and 

 such minimum rates shall be stated in the invitation 

 for bids and shall be included in proposals or bids for 

 the work. 



(c) Othor labor provisions. 



All contracts for work on projects for airport 

 development approved imder this subchapter which 

 involve labor shall contain such provisions as are 

 necessary to insure ( 1 ) that no convict labor shall be 

 employed; and (2) that, in the employment of labor 

 (except in executive, administrative, and supervisory 

 positions) , preference shall be given, where they are 

 qualified, to individuals who have served as persons 

 in the military service of the United States, as de- 

 fined in section 511(1) of the Appendix to Title 50, 

 and who have been honorably discharged from such 

 service. However, this preference shall apply only 

 where the individuals are available and qualified to 

 perform the work to which the employment relates. 

 (Pub. L. 91-258. title I, § 22, May 21, 1970, 84 Stat. 

 231.) 



§ 1723. Use of Government-owned lands. 



(a) Requests for use. 



Subject to the provisions of subsection (c) of this 

 section, whenever the Secretary determines that use 

 of any lands owned or controlled by the United 

 States is reasonably necessary for carrying out a 

 project for airport development under this sub- 

 chapter, or for the operation ot any public airport, 

 including lands reasonably necessary to meet fu- 

 ture development of an airport in accordance with 

 the national airport system plan, he shall file with 

 the head of the department or agency having con- 

 trol of the lands a request that the necessary prop- 

 erty interests therein be conveyed to the public 

 agency sponsoring the project in question or owning 

 or controlling the airport. The property interest may 

 consist of the title to, or any other interest in, land 

 or any easement thi'ough or other interest in air- 

 space. 



(b) Execution of conveyances. 



Upon receipt of a request from the Secretary under 

 this section, the head of the department or agency 

 having control of the lands in question shall deter- 

 mine whether the requested coiiveyance Is Incon- 

 sistent with the needs of the department or agency. 

 and shall notify the Secretary of hi.s dotcnnmalion 

 within a period of four moiilh.s after receipt of the 

 Secretary's request. If the (iepartiiicnl or nguncy 

 head dctrnnlncs that tho rcqucslrd conveyance is 

 not In consistent with the needs of that department 

 or agency, the department or agency head is licrcby 

 authorized and directed, with tlic approval of the 

 President and tho Attorney General of the United 

 States, and without any cxpen.sc to the United Stales, 

 to perform any acts and to execute any instruments 

 necessary to make the conveyance requested. A con- 



veyance may be made only on the condition that, at 

 the option of the Secretary, the proi)crty interest con- 

 veyed shall revert to the United States In the event 

 that the lands in question arc not ticveloped for air- 

 port purpwses or used in a manner consistent witli 

 the terms of the conveyance. If only a part of the 

 property interest conveyed is not developed for air- 

 rwrt purposes, or used in a manner consistent with 

 the terms of the conveyance, only that particular 

 part shall at the option of the Secretary, revert to 

 the United States. 



(c) Exemption of cerlain lands. 



Unless otherwise specifically provided by law, the 

 provisions of subsections (a) and 'b) of this section 

 shall not apply with resp>oct to lands owned or con- 

 trolled by the United States within any national 

 park, national monument, national recreation area, 

 or similar area under the administration of the Na- 

 tional Park Ser\-ice: within any unit of the National 

 Wildlife Refuge Syst<.>in or similar area under the 

 jurisdiction of the Bureau of Sport Fisheries and 

 Wildlife; or witliin any national forest or Indian 

 reservation. (Pub. L. 91-258. title I. 5 23. May 21. 

 1970. 84 Stat. 232.) 



Ex. Ord. No. 10536. Bcercise or FiiNt-riONS WrtHOor 

 ArrRovAi. or the PstsiDENT 



Ex. Ord. No. 10D36, June 9. 1954, 19 F.R. 3437. ns 

 amended by Ex. Ord. No 11382. Nov. 20. 1967, 32 F.R. 

 16247, provided thnt; 



Tho authority vested in the he.-ids of dcp.irtments nnd 

 agencies by -•.ubsectlon (b) of ."jectlon 16 of the Federal 

 Airport Act, approved Mny 13. 1946 (60 Stat. 179), with 

 the approval of the President and tlie Attorney General 

 of the United States, to perform any ads and to execute 

 any Instruments neces.sary to m;ikc conveyances requested 

 by the Secretary of Transportation nncltr subsection (a) 

 of the Bald section 16 may be exercised by such heads of 

 departments and agcndco without the approval of the 

 President. 



5 1724. Reports to Congress. 



On or before the third day of Januarv of each year 

 the Secretary shall make a report to the Concress 

 describing his operations under this siibc'i iiit'-r dur- 

 ing the preceding fiscal year. The report .shall include 

 a detailed statement of the nirjjort development ac- 

 complished, tho status of each project undertjtkcii 

 tho allocation of appropriations, nnd an itemized 

 statement of expenditures and receipts. (Pub. L.. 

 91-258. title I. § 24, May 21. 1970. 84 Stat. 232.) 



§ 172.'). Fnl.sc Ktatemenls, representations, or reports; 

 penalties. 



Any ofTicer. agent, or employee of the United 

 St4\tos, or any officer, agent, or employee of any 

 public acency, or any i>eison, association. fliTO, or 

 coiixjration who, with intent to defraud the United 

 States — 



( 1 ) knowingly makes any false statement, fnl.st 

 rcpicsenlntion, or false reiKirt as to the chnriicter. 

 quality, quantity, or cost of the material used or 

 to be ii.sed, or the quantity or quality of the work 

 perfoiTned or to be performed, or the costs thereof. 

 In connection with the submission of plans, maps, 

 specidcations. contracts, or estimates of project 

 costs for any project submitted to the SccrcUiry 

 for approval under this subchapter; 



(2) knowingly makes any false .statement, false 



