13-41. Restriction upon statements committing the United States. "Unless specifically directed so to do by the Secretary of the Navy (Judge Advocate General) in any individual case, no person in the Naval Establishment shall at any time during the negotiations assent to any statement made by any owners or others relative to the value of the property under consideration, nor make any statement tending to commit the United States to the acceptance of prices, terms, or conditions, but the ascertainment of value and the amount of the estimate to be submitted to Congress shall be under the direction of the Judge Advocate General as set forth in (2) above." (N. R. 426-7.)

13-42. Consummation of purchase or long-time lease. "After the requisite appropriation has been made or authority granted by Congress, the Judge Advocate General shall consummate the transaction in accordance with the provisions of article 469-6." (N. R. 426-5.)

ACQUIRING USE OF REAL ESTATE BY LEASE.

13-43. Preliminary considerations relative to to leasing. Specific authorization of law is not necessary for leasing privatelyowned real estate, provided there is an appropriation available for the purpose. Such leases, however, in the absence of specific authority from Congress, can not lawfully extend beyond the current fiscal year for which the appropriation is available; nor may permanent structures or other improvements (except as hereinafter noted) be placed on leased land in the absence of specific authority from Congress. Where the leasing of land is essential to carry into effect the provisions of an act of Congress, such leasing has been held to be authorized. (See Decisions of the Comptroller of the Treasury, vol. 23, p. 351.) Departmental action is necessary in all cases where the leasing of land is contemplated, and the provisions of article 426-1, Navy Regulations, govern in the premises. (See above, par. 13-16.)

13-44. Restrictions as to rental of buildings in the District of Columbia will be found in the statutes quoted in paragraphs 27-106 and 27-107 of the manual.

13-45. Improvements on land leased by the Navy. "The Secretary of the Navy is authorized in leasing water-front property from any State or municipality where the State law or charter of the municipality requires that the improvements placed upon leased

lands shall at the termination of the lease become the property of the State or municipality, to provide, as part or all of the consideration therefor, that improvements placed thereon by the United States shall become the property of lessor upon the expiration of the lease or any renewal thereof." (40 Stat. 705, chap. 114.)

13-46. Importance of familiarity with terms of leases. Commandants and others should familiarize themselves thoroughly with the terms of each lease of real estate with which they are officially concerned; acts committed in ignorance of such terms may involve the Government in legal actions.

13-47. Formal leases are drawn up in the office of the Judge Advocate General, and are usually based on information supplied by local naval authorities. After departmental authorization has been secured, the office of the Judge Advocate General should be advised at the earliest possible date of the general nature of the proposed lease, with request for instructions as to the specific points on which information, preliminary to the drawing up of the formal lease, is necessary.

13-48. Determination of amount to be paid for lease. The sound value of property contemplated to be leased is a proper guide as to the reasonableness of the amount to be paid for the lease, and accordingly, in important leases, inquiry should be made into the value of the property, along the lines hereinbefore laid down in regard to negotiations for purchase.

13-49. Photographic record of conditions. Before entering on leased property, exclusive of rooms, it is highly desirable that conditions be photographed and properly attested. It is likewise desirable that photographs of significant features of the property be taken just prior to the termination of the lease, and at any intermediate date when conditions warrant such action, in order that a reliable record may exist in event of complaint by the lessor alleging misuse or damage. A file of such photographic records should be maintained by the district public works officer in compliance with paragraph 11-05 (m) herein.

TRANSFER AND DISPOSITION OF GOVERNMENT-OWNED REAL ESTATE.

13-50. Transfer of lands to jurisdiction of Navy Department. By a provision of the naval appropriation act of August 29, 1916, Government land under the control of another department may,

by direction of the President, be transferred to the control of the Navy Department, for use as a naval radio station or for other naval purposes. (See par. 27-192 herein.)

13-51. Lease of naval lands by Secretary. Under the act of August 29, 1916 (39 Stat. 559), the Secretary of the Navy is authorized to lease, for a term not exceeding five years, naval lands not immediately needed for specific naval purposes. The revenue received from such rentals is deposited in the Treasury of the United States to the credit of miscellaneous receipts. (See par. 27-191 herein.)

13-52. Transfer of naval lands to other Government departments. Land acquired for naval purposes under authority of Congress, or set aside from the public domain for such purposes by Presidential order, can not be transferred permanently to another department of the Government, even where it may be no longer needed for naval purposes, without specific authority of Congress.

13-53. Interchange of real estate between Army and Navy. The interchange of Government-owned real estate, without compensation therefor, between the Army and the Navy upon the request of the head of one service and with the approval of the head of the other service, was authorized by act of Congress of July 11, 1919. (See par. 27-132 herein.)

13-54. Custody of surplus real estate. "Whenever any real estate, under the jurisdiction of the Navy Department, is no longer needed for the use to which it is assigned, report thereof shall be made by the responsible officer to the bureau or office of the Navy Department immediately concerned, which shall, if the finding is confirmed, report through the Bureau of Yards and Docks and the Chief of Naval Operations to the Secretary of the Navy to that effect. Upon approval by the Secretary of the Navy of such report the bureau or office so reporting shall turn over the property to the Bureau of Yards and Docks, which bureau shall thereafter be charged with the custody and care thereof." (N. R. 427-1.)

13-55. Determining further need for surplus real estate. "The Bureau of Yards and Docks shall then investigate as to whether the property is needed for any other naval purpose by any bureau or office of the department, or if not so needed, as to whether any bureau or office recommends that the property be held for future needs. The result of this investigation, together with the recom

mendation of the Bureau of Yards and Docks in the premises, shall be reported to the Secretary via the Chief of Naval Operations, a copy of such report being transmitted to each of the bureaus and to the Judge Advocate General of the Navy. The department's action upon this report will be reported to the bureaus or offices concerned. If it is decided to retain the property it shall remain in the custody of the Bureau of Yards and Docks until reassigned." (N. R. 427-2.)

13-56. Disposition of surplus real estate. "If it is decided to dispose of the property the Bureau of Yards and Docks will be directed to prepare brief descriptions and outlined plans and the necessary correspondence, for the signature of the Secretary of the Navy, for making inquiry as to the needs of other Government departments or offices for the property. The Judge Advocate General shall be charged with the preparation of the necessary papers to effect the transfer to another Government department desiring the property. If no other Government department or office desires the property it shall be sold under direction of the Judge Advocate General, who shall also advise the Secretary if legislation is necessary." (N. R. 427-3.)

13-57. Custody of removable property. "Before steps are taken to dispose of the land by sale the bureau or office of the Navy Department concerned shall remove all property under its cognizance (not including fixed improvements) that is needed elsewhere in the service. All remaining removable property shall be placed in the custody of the Bureau of Yards and Docks, and that bureau, after conference with the Bureau of Supplies and Accounts, will determine whether such property is to be included in the sale of the land or shall be surveyed and sold separately or be removed as surplus stock. If such removable property is not to be included in the sale of the land it shall be turned over to the Bureau of Supplies and Accounts for disposition. The Bureau of Yards and Docks will determine whether buildings and other fixed improvements shall be removed for use elsewhere or shall be sold separately from the sale of the land. If sold separately such sale shall be conducted by the Bureau of Supplies and Accounts in the usual manner, the necessary technical data being furnished by the Bureau of Yards and Docks.” (N. R. 427-4.)

40730-24-12

13-58. Report of final action. "When final disposition has been made of real estate, and the legal transfer thereof has been accomplished, the Judge Advocate General shall inform the Bureau of Yards and Docks and the Bureau of Supplies and Accounts, in order that the property may be stricken from the official lists." 427-5.)

(N. R.

13-59. Report of protective measures necessary. Commandants and officers in charge should inform the bureau at the earliest practicable date what measures and precautions should in their judgment be taken to preserve the Government's interests while property is in the custody of the Bureau of Yards and Docks, this in order that the bureau may take such action as is necessary and practicable to safeguard the property while in its custody.

CUSTODY OF REAL-ESTATE RECORDS.

13-60. Bureau maintains list of real estate and improvements. "The Bureau of Yards and Docks shall maintain a list of all real estate owned, leased, or occupied for naval purposes, together with a description of the fixed improvements thereon, and shall make all land surveys thereof." (N. R. 426–6.)

13-61. Records maintained by district public works officer. Attention is directed to the duties of the district public works officer regarding the maintenance of lists of real estate and descriptions of improvements thereon, as set forth in paragraph 11-05 (m) herein. It is also important that such records include, in addition to the photographic file, reports of all repairs, alterations, and work done upon any real estate taken over by the Government, whether by commandeer, lease, charter, or contract. See also paragraph 103, Naval District Manual.

13-62. Surveys. In order that the list of properties required to be maintained by the bureau may be accurate and complete, there should be made a reliable boundary survey and plat of every piece of real estate owned by the Government for naval purposes, and also of such items of real estate as are leased or occupied for naval purposes, whose size, importance, or duration of occupancy warrants the expense of such a survey. Where conditions warrant the expense, there should also be made, in addition to boundary surveys, a topographical and a hydrographic survey of the property.