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Code · STATUTES-AT-LARGE · Vol. 49 STAT. · Public Law 221

Public Law 221.

2,683 words·~12 min read·/statutes-at-large/vol-49/public-law-221·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(/us/pl/74/220).] *Be it enacted by the Senate and House of Representatives of the, United States of America in Congress assembled*, Federal Register Act.Proclamations, Executive orders, etc., custody and publication.Division to be established in the National Archives Establishment. That the Archivist of the United States, acting through a division established by him in the National Archives Establishment, hereinafter referred to as the “Division”, is charged with the custody and, together with the Public Printer, with the prompt and uniform printing and distribution of the documents required or authorized to be published Director; appointment; salary.under section 5.
There shall be at the head of the Division a director, appointed by the President, who shall act under the general direction of the Archivist of the United States in carrying out the provisions of this Act and the regulations prescribed hereunder, who shall receive a salary, to be fixed by the President, not to exceed $5,000 a year. Sec.2. Original documents and copies; filing.*Post*, p, 1110. The original and two duplicate originals or certified copies of any document required or authorized to be published under section 5 shall be filed with the Division, which shall be open for that purpose during all hours of the working days when the Archives Notation thereon.Building shall be open for official business.
The Director of the Division shall cause to be noted on the original and duplicate originals or certified copies of each document the day and hour of filing *Proviso.*When issued outside of District of Columbia.thereof: *Provided*, That when the original is issued, prescribed, or promulgated outside of the District of Columbia and certified copies are filed before the filing of the original, the notation shall be of the Availability of copy for public Inspection.day and hour of filing of the certified copies.
Upon such filing, at least one copy shall be immediately available for public inspection Of original document.in the office of the Director of the Division. The original shall be retained in the archives of the National Archives Establishment and shall be available for inspection under regulations to be prescribed Copy for printing; transmission.by the Archivist. The Division shall transmit immediately to the Government Printing Office for printing, as provided in this Act, one duplicate original or certified copy of each document required or authorized to be published under section 5.
Every Federal agency shall cause to be transmitted for filing as herein required the original and the duplicate originals or certified copies of all such documents issued, prescribed, or promulgated by the agency. Sec. 3. Federal Register; printing and distribution. All documents required or authorized to be published under section 5 shall be printed and distributed forthwith by the Government Printing Office in a serial publication designated the “Federal 501Register.” It shall be the duty of the Public Printer to make available the facilities of the Government Printing Office for the prompt printing and distribution of the Federal Register in the manner and at the times required in accordance with the provisions of this Act and the regulations prescribed hereunder.
The contents of the daily Contents; indexing.issues shall be indexed and shall comprise all documents, required or authorized to be published, filed with the Division up to such time of the day immediately preceding the day of distribution as shall be fixed by regulations hereunder. There shall be printed with Copy of notation.each document a copy of the notation, required to be made under section 2, of the day and hour when, upon filing with the Division, such document was made available for public inspection.
Distribution Distribution of.shall be made by delivery or by deposit at a post office at such time in the morning of the day of distribution as shall be fixed by such regulations prescribed hereunder. The prices to be charged Charges for.for the Federal Register may be fixed by the administrative committee established by section 6 without reference to the restrictions placed upon and fixed for the sale of Government publications by Vol. 42, p. 541; Vol. 47, p. 409.section 1 of the Act of May 11, 1922, and section 307 of the Act of June 30, 1932 (U.
S. C., title 44, secs. 72 and 72a), and any amendments [U. S. C., p. 1033](/us/usc/1033).thereto. Sec. 4. As used in this Act, unless the context otherwise requires, Definitions.the term “document” means any Presidential proclamation or Executive “Document.”order and any order, regulation, rule, certificate, code of fair competition, license, notice, or similar instrument issued, prescribed, or promulgated by a Federal agency; the terms “Federal agency” or “Federal agency” “agency.”“agency” mean the President of the United States, or any executive department, independent board, establishment, bureau, agency, institution, commission, or separate office of the administrative branch of the Government of the United States but not the legislative or judicial branches of the Government; and the term “person” means “Person.”any individual, partnership, association, or corporation.
Sec. 5.
(a)There shall be published in the Federal Register
(1)Documents to be published.all Presidential proclamations and Executive orders, except such as have no general applicability and legal effect or are effective only against Federal agencies or persons in their capacity as officers, agents, or employees thereof;
(2)such documents or classes of documents as the President shall determine from time to time have general applicability and legal effect; and
(3)such documents or classes of documents as may be required so to be published by Act of the Congress: *Provided*, That for the purposes of this Act every document *Proviso.*When penalty provisions prescribed.or order which shall prescribe a penalty shall be deemed to have general applicability and legal effect.
(b)In addition to the foregoing there shall also be published inAuthorization to publish additional documents. the Federal Register such other documents or classes of documents as may be authorized to be published pursuant hereto by regulations prescribed hereunder with the approval of the President, but in no News Items; comments.case shall comments or news items of any character whatsoever be authorized to be published in the Federal Register. Sec. 6. There is established a permanent Administrative Committee Administrative Committee; composition.of three members consisting of the Archivist or Acting Archivist, who shall be chairman, an officer of the Department of Justice designated by the Attorney General, and the Public Printer or Acting Public Printer. The Director of the Division shall act as secretary Secretary.of the committee. The committee shall prescribe, with the approval Regulations to be prescribed.of the President, regulations for carrying out the provisions of this Act. Such regulations shall provide, among other things:
(a)The manner of certification of copies required to be certified under section 2, which certification may be permitted to be based upon 502confirmed communications from outside of the District of Columbia;
(b)the documents which shall be authorized pursuant to section 5
(b)to be published in the Federal Register;
(c)the manner and form in which the Federal Register shall be printed, reprinted, compiled, indexed, bound, and distributed;
(d)the number of copies of the Federal Register, which shall be printed, reprinted, and compiled. the number which shall be distributed without charge to Members of Congress, officers and employees of the United States, or any Federal agency for their official use. and the number which shall be avaiable for distribution to the public; and
(e)the prices to be charged for individual copies of, and subscriptions to, the Federal Register and reprints and bound volumes thereof. Sec. 7. Validity of documents No document required under section 5
(a)to be published in the Federal Register shall be valid as against any person who has not had actual knowledge thereof until the duplicate originals or Filing and availability requirement.certified copies of the document shall have been filed with the Division and a copy made available for public inspection as provided in section 2; and, unless otherwise specifically provided by statute, such filing of any document, required or authorized to be published under section 5, shall, except in cases where notice by publication is insufficient in law, be sufficient to give notice of the contents of such Effect of publication.document to any person subject thereto or affected thereby. The publication in the Federal Register of any document shall create a rebuttable presumption
(a)that it was duly issued, prescribed, or promulgated;
(b)that it was duly filed with the Division and made available for public inspection at the day and hour stated in the printed notation;
(c)that the copy contained in the Federal Register is a true copy of the original; and,
(d)that all requirements of this Act and the regulations prescribed hereunder relative to such Contents of Federal Register; to be judicially noticed; citation.document have been complied with. The contents of the Federal Register shall be judicially noticed and, without prejudice to any other mode of citation, may be cited by volume and page number. Sec. 8. Notice of hearing under an Act of Congress. Whenever notice of hearing or of opportunity to be heard is required or authorized to be given by or under an Act of the Congress, or may otherwise properly be given, the notice shall be deemed to have been duly given to all persons residing within the continental United States (not including Alaska), except in cases where notice by publication is insufficient in law, if said notice shall be published in the Federal Register at such time that the period between the publication and the date fixed in such notice for the hearing or for the termination of the opportunity to be heard shall be
(a)not less than the time specifically prescribed for the publication of the notice by the appropriate Act of the Congress; or
(b)not less than fifteen days when no time for publication is specifically prescribed by the Act, without prejudice, however, to the effectiveness of any notice of less than fifteen days where such shorter period is reasonable. Sec. 9. Payments far Federal Register; deposit.Cost of printing, etc. Every payment made for the Federal Register shall be covered into the Treasury as a miscellaneous receipt. The cost of printing, reprinting, wrapping, binding, and distributing the Federal Register and any other expenses incurred by the Government Printing Office in carrying out the duties placed upon it by this Appropriation available.*Post*, pp. 1110, 1230.Act shall be borne by the appropriations to the Government Printing Office and such appropriations are hereby made available, and are authorized to be increased by such additional sums as Additional sums.are necessary for such purposes, such increases to be based upon estimates submitted by the Public Printer. The purposes for which appropriations are available and are authorized to be made under section Vol. 48, p. 1122.10 of the Act entitled “An Act to establish a National Archives 503of the United States Government, and for other purposes” (48 Stat. 1122) are enlarged to cover the additional duties placed upon the National Archives Establishment by the provisions of this Act. Copies of the Federal Register mailed by the Government shall be Franking privilege.entitled to the free use of the United States mails in the same manner as the official mail of the executive departments of the Government. Cost of mailing foreign.The cost of mailing the Federal Register to officers and employees of Federal agencies in foreign countries shall be borne by the respective agencies. Sec. 10. The provisions of section 2 shall become effective sixty Effective date of section 2; commencement of publication of Federal Register.days after the date of approval of this Act and the publication of the Federal Register shall begin within three business days thereafter: *Provided*, That the appropriations involved have been *Proviso.*Condition.increased as required by section 9 of this Act. The limitations upon the effectiveness of documents required, under section 5 (a), to Validity of prior issued documents.be published in the Federal Register shall not be operative as to any document issued, prescribed, or promulgated prior to the date when such document is first required by this or subsequent Act. of the Congress or by Executive order to be published in the Federal Register. Sec. 11. Within six months after the approval of this Act each Compilation of documents to be filed by Federal agencies.agency shall prepare and file with the committee a complete compilation of all documents which have been issued or promulgated prior to the date documents are required or authorized by this Act to be published in the Federal Register and which are still in force and effect and relied upon by the agency as authority for, or invoked or used by it in the discharge of, any of its functions or activities. The committee shall within sixty days thereafter report with respect Report of Committee.thereto to the President, who shall determine which of such documents have general applicability and legal effect, and shall authorize Publication of supplemental edition of Federal Register.the publication thereof in a special or supplemental edition or issue of the Federal Register. Such special or supplemental editions or issues shall be distributed in the same manner as regular editions or issues, and shall be included in the bound volumes of the Federal Register as supplements thereto. Sec. 12. Nothing in this Act shall be construed to apply to treaties, Documents excluded from provisions of Act.conventions, protocols, and other international agreements, or proclamations thereof by the President. Sec. 13. All Acts or parts of Acts in conflict with this Act are Repeal of Inconsistent Acts.hereby repealed insofar as they conflict herewith. Sec. 14. This Act may be cited as the “Federal Register Act.”Short title. Approved, July 26, 1935. To authorize the Secretary of War to sell to the Eagle Pass and Piedras Negras Bridge Company a portion of the Eagle Pass Military Reservation, Texas, and for other purposes. 1935-07-26 418 Chapter 49 Stat. 503 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 418.] AN ACT To authorize the Secretary of War to sell to the Eagle Pass and Piedras Negras Bridge Company a portion of the Eagle Pass Military Reservation, Texas, and for other purposes. July 26, 1935.[[S. 2326](/us/bill/74/s/2326).][[Public, No. 221](/us/pl/74/221).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Secretary Eagle Pass Military Reservation, Tex.Sale of designated portion, authorized.of War be, and he is hereby, authorized to sell and convey to the Eagle Pass and Piedras Negras Bridge Company, its successors and assigns, on terms and conditions to be precribed by the Secretary of War the right, title and interest of the United States in that portion of the Eagle Pass Military Reservation, Texas, occupied by said company on which its improvements are located. 504 Sec. 2. Disposal of remainder. That the Secretary of War is hereby further authorized to dispose of the remainder of said reservation in accordance with and under the applicable provisions and conditions of the Act Vol. 44, p. 203.approved March 12, 1926 (44 Stat. 203), and may also include in Unsold portions may be included.such disposition that portion of the reservation covered by section 1 of this Act, if the Eagle Pass and Piedras Negras Bridge Company shall not elect to acquire said portion or, having made such election, shall not consummate the purchase or accept tender of the deed and pay the consideration within such time as may be fixed by the Secretary of War. Approved, July 26, 1935. To further extend the period of time during which final proof may be offered by homestead and desert land entrymen. 1935-07-26 419 Chapter 49 Stat. 504 74 1 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-07 public [CHAPTER 419.] AN ACT To further extend the period of time during which final proof may be offered by homestead and desert land entrymen. July 26, 1935.[[S. 1065](/us/bill/74/s/1065).][
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