-CITE-
    40 USC CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL
           CAPITAL REGION                                  01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION

-HEAD-
       CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION   

-MISC1-
                          SUBCHAPTER I - GENERAL                      
    Sec.                                                     
    8701.       Findings and purposes.                                
    8702.       Definitions.                                          

                     SUBCHAPTER II - PLANNING AGENCIES                 
    8711.       National Capital Planning Commission.                 
    8712.       Mayor of the District of Columbia.                    

                     SUBCHAPTER III - PLANNING PROCESS                 
    8721.       Comprehensive plan for the National Capital.          
    8722.       Proposed federal and district developments and
                 projects.                                            
    8723.       Capital improvements.                                 
    8724.       Zoning regulations and maps.                          
    8725.       Recommendations on platting and subdividing land.     
    8726.       Authorization of appropriations.                      

              SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND          
    8731.       Acquiring land for park, parkway, or playground
                 purposes.                                            
    8732.       Acquiring land subject to limited rights reserved to
                 grantor and limited permanent rights in land
                 adjoining park property.                             
    8733.       Lease of land acquired for park, parkway, or
                 playground purposes.                                 
    8734.       Sale of land by Mayor.                                
    8735.       Sale of land by Secretary of the Interior.            
    8736.       Execution of deeds.                                   
    8737.       Authorization of appropriations.                      

-End-

-CITE-
    40 USC SUBCHAPTER I - GENERAL                               01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER I - GENERAL

-HEAD-
                          SUBCHAPTER I - GENERAL                      

-End-

-CITE-
    40 USC Sec. 8701                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 8701. Findings and purposes

-STATUTE-
      (a) Findings. - Congress finds that - 
        (1) the location of the seat of government in the District of
      Columbia has brought about the development of a metropolitan
      region extending well into adjoining territory in Maryland and
      Virginia;
        (2) effective comprehensive planning is necessary on a regional
      basis and of continuing importance to the federal establishment;
        (3) the distribution of federal installations throughout the
      region has been and will continue to be a major influence in
      determining the extent and character of development;
        (4) there is needed a central planning agency for the National
      Capital region to coordinate certain developmental activities of
      the many different agencies of the Federal and District of
      Columbia Governments so that those activities may conform with
      general objectives;
        (5) there is an increasing mutuality of interest and
      responsibility between the various levels of government that
      calls for coordinate and unified policies in planning both
      federal and local development in the interest of order and
      economy;
        (6) there are developmental problems of an interstate
      character, the planning of which requires collaboration between
      federal, state, and local governments in the interest of equity
      and constructive action; and
        (7) the instrumentalities and procedures provided in this
      chapter will aid in providing Congress with information and
      advice requisite to legislation.

      (b) Purposes. - 
        (1) In general. - The purposes of this chapter (except sections
      8733-8736) are - 
          (A) to secure comprehensive planning for the physical
        development of the National Capital and its environs;
          (B) to provide for the participation of the appropriate
        planning agencies of the environs in the planning; and
          (C) to establish the agency and procedures requisite to the
        administration of the functions of the Federal and District
        Governments related to the planning.

        (2) Objective. - The general objective of this chapter (except
      sections 8733-8736) is to enable appropriate agencies to plan for
      the development of the federal establishment at the seat of
      government in a manner - 
          (A) consistent with the nature and function of the National
        Capital and with due regard for the rights and prerogatives of
        the adjoining States and local governments to exercise control
        appropriate to their functions; and
          (B) which will, in accordance with present and future needs,
        best promote public health, safety, morals, order, convenience,
        prosperity, and the general welfare, as well as efficiency and
        economy in the process of development.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1216.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8701(a)        40:71(a) (2d            June 6, 1924, ch. 270, Sec.  
                    sentence).              1(a), 43 Stat. 463; Apr. 30,
                                            1926, ch. 198, 44 Stat. 374;
                                            May 24, 1928, ch. 726, 45   
                                            Stat. 726; July 19, 1952,   
                                            ch. 949, Sec. 1, 66 Stat.   
                                            781.                        
    8701(b)(1)     40:71(a) (1st                                        
                    sentence).                                          
    8701(b)(2)     40:71(a) (last                                       
                    sentence).                                          
    --------------------------------------------------------------------

      In subsection (a)(7), the words "from time to time" are omitted
    as unnecessary.
      In subsection (b), the text of 40:72a, restated as section 8732
    of the revised title, is included in the purposes and objectives of
    this chapter because by its terms, the authority of the National
    Capital Planning Commission is enlarged as provided in that
    section.

-End-

-CITE-
    40 USC Sec. 8702                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER I - GENERAL

-HEAD-
    Sec. 8702. Definitions

-STATUTE-
      In this chapter - 
        (1) Environs. - The term "environs" means the territory
      surrounding the District of Columbia included in the National
      Capital region.
        (2) National capital. - The term "National Capital" means the
      District of Columbia and territory the Federal Government owns in
      the environs.
        (3) National capital region. - The term "National Capital
      region" means - 
          (A) the District of Columbia;
          (B) Montgomery and Prince Georges Counties in Maryland;
          (C) Arlington, Fairfax, Loudoun, and Prince William Counties
        in Virginia; and
          (D) all cities in Maryland or Virginia in the geographic area
        bounded by the outer boundaries of the combined area of the
        counties listed in subparagraphs (B) and (C).

        (4) Planning agency. - The term "planning agency" means any
      city, county, bi-county, part-county, or regional planning agency
      authorized under state and local laws to make and adopt
      comprehensive plans.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1216.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8702           40:71(b).               June 6, 1924, ch. 270, Sec.  
                                            1(b), 43 Stat. 463; Apr. 30,
                                            1926, ch. 198, 44 Stat. 374;
                                            May 24, 1928, ch. 726, 45   
                                            Stat. 726; July 19, 1952,   
                                            ch. 949, Sec. 1, 66 Stat.   
                                            782.                        
    --------------------------------------------------------------------

      In clause (3)(D), the words "now or hereafter existing" are
    omitted as unnecessary.
      In clause (4), the words "whether or not its jurisdiction is
    exclusive or concurrent" are omitted as unnecessary.

-End-

-CITE-
    40 USC SUBCHAPTER II - PLANNING AGENCIES                    01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER II - PLANNING AGENCIES

-HEAD-
                     SUBCHAPTER II - PLANNING AGENCIES                 

-End-

-CITE-
    40 USC Sec. 8711                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER II - PLANNING AGENCIES

-HEAD-
    Sec. 8711. National Capital Planning Commission

-STATUTE-
      (a) Establishment and Purpose. - The National Capital Planning
    Commission is the central federal planning agency for the Federal
    Government in the National Capital, created to preserve the
    important historical and natural features of the National Capital,
    except for the United States Capitol Buildings and Grounds (as
    defined and described in sections 5101 and 5102 of this title), any
    extension of, or additions to, those Buildings and Grounds, and
    buildings and grounds under the care of the Architect of the
    Capitol.
      (b) Composition. - 
        (1) Membership. - The National Capital Planning Commission is
      composed of - 
          (A) ex officio, the Secretary of the Interior, the Secretary
        of Defense, the Administrator of General Services, the Mayor of
        the District of Columbia, the Chairman of the Council of the
        District of Columbia, the chairman of the Committee on
        Governmental Affairs of the Senate, and the chairman of the
        Committee on Government Reform of the House of Representatives,
        or an alternate any of those individuals designates; and
          (B) five citizens with experience in city or regional
        planning, three of whom shall be appointed by the President and
        two of whom shall be appointed by the Mayor.

        (2) Residency requirement. - The citizen members appointed by
      the Mayor shall be residents of the District of Columbia. Of the
      three appointed by the President, at least one shall be a
      resident of Virginia and at least one shall be a resident of
      Maryland.
        (3) Terms. - An individual appointed by the President serves
      for six years. An individual appointed by the Mayor serves for
      four years. An individual appointed to fill a vacancy shall be
      appointed only for the unexpired term of the individual being
      replaced.
        (4) Pay and expenses. - Citizen members are entitled to $100 a
      day when performing duties vested in the Commission and to
      reimbursement for necessary expenses incurred in performing those
      duties.

      (c) Chairman and Officers. - The President shall designate the
    Chairman of the National Capital Planning Commission. The
    Commission may elect from among its members other officers as it
    considers desirable.
      (d) Personnel. - The National Capital Planning Commission may
    employ a Director, an executive officer, and other technical and
    administrative personnel as it considers necessary. Without regard
    to section 3709 of the Revised Statues (41 U.S.C. 5) and section
    3109, chapters 33 and 51, and subchapter III of chapter 53, of
    title 5, the Commission may employ, by contract or otherwise, the
    temporary or intermittent (not more than one year) services of city
    planners, architects, engineers, appraisers, and other experts or
    organizations of experts, as may be necessary to carry out its
    functions. The Commission shall fix the rate of compensation so as
    not to exceed the rate usual for similar services.
      (e) Principal Duties. - The principal duties of the National
    Capital Planning Commission include - 
        (1) preparing, adopting, and amending a comprehensive plan for
      the federal activities in the National Capital and making related
      recommendations to the appropriate developmental agencies; and
        (2) serving as the central planning agency for the Government
      within the National Capital region and reviewing the development
      programs of the developmental agencies to advise as to
      consistency with the comprehensive plan.

      (f) Transfer of Other Functions, Powers, and Duties. - The
    National Capital Planning Commission shall carry out all other
    functions, powers, and duties of the National Capital Park and
    Planning Commission, including those formerly vested in the Highway
    Commission established by the Act of March 2, 1893 (ch. 197, 27
    Stat. 532), and those formerly vested in the National Capital Park
    Commission by the Act of June 6, 1924 (ch. 270, 43 Stat. 463).
      (g) Estimate. - The National Capital Planning Commission shall
    submit to the Office of Management and Budget before December 16 of
    each year its estimate of the total amount to be appropriated for
    expenditure under this chapter (except sections 8732-8736) during
    the next fiscal year.
      (h) Fees. - The National Capital Planning Commission may charge
    fees to cover the full cost of Geographic Information System
    products and services the Commission supplies. The fees shall be
    credited to the applicable appropriation account as an offsetting
    collection and remain available until expended.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1217; Pub. L. 109-284,
    Sec. 6(27), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8711(a)        40:71a(a)(1).           June 6, 1924, ch. 270, Sec.  
                                            2(a)(1), (b), (c), (e), as  
                                            added July 19, 1952, ch.    
                                            949, Sec. 1, 66 Stat. 782;  
                                            Sept. 25, 1962, Pub. L.     
                                            87-683, 76 Stat. 575; Dec.  
                                            24, 1973, Pub. L. 93-198,   
                                            title II, Sec. 203(a), (b), 
                                            87 Stat. 779, 782.          
    8711(b)        40:71a(b).                                           
    8711(c),       40:71a(c).                                           
     (d)                                                                
    8711(e)        40:71a(e).                                           
    8711(f)        40:71h.                 June 6, 1924, ch. 270, Sec.  
                                            9, as added July 19, 1952,  
                                            ch. 949, Sec. 1, 66 Stat.   
                                            790.                        
    8711(g)        40:74.                  June 6, 1924, ch. 270, Sec.  
                                            13, formerly Sec. 4, 43     
                                            Stat. 464; renumbered Sec.  
                                            13, July 19, 1952, ch. 949, 
                                            Sec. 2 (1st sentence), 66   
                                            Stat. 791; Pub. L. 94-273,  
                                            Sec. 21, Apr. 21, 1976, 90  
                                            Stat. 379.                  
    8711(h)        40:71a note.            Pub. L. 105-83, (last        
                                            proviso in par. under       
                                            heading "National Capital   
                                            Planning Commission"), Nov. 
                                            14, 1997, 111 Stat. 1589.   
    --------------------------------------------------------------------

      In this chapter, the word "Mayor" is substituted for
    "Commissioners" [meaning the Board of Commissioners of the District
    of Columbia] [subsequently changed to "Commissioner" [meaning the
    Commissioner of the District of Columbia] because of section 401 of
    Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat.
    951)] because of section 421 of the District of Columbia Home Rule
    Act (Public Law 93-198, 87 Stat. 789). The words "Council of the
    District of Columbia" are substituted for "Board of Commissioners
    of the District of Columbia" [subsequently changed to "District of
    Columbia Council" because of section 402(21), (28), (32), and (199)
    of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat.
    952, 953, 963)] because of sections 401 and 404(a) of the Act (87
    Stat. 785, 787).
      In subsection (b)(1)(A), the words "the Chairman of the Committee
    on Governmental Affairs of the Senate, and the Chairman of the
    Committee on Government Reform of the House of Representatives" are
    substituted for "and the chairman of the Committees of the District
    of Columbia of the Senate and the House of Representatives" in
    section 2(b)(1) of the Act of June 24, 1924 (ch. 270), because of
    Rule XXV of the Standing Rules of the Senate, as amended by Senate
    Resolution 4 (popularly cited as the "Committee System
    Reorganization Amendments of 1977"), approved February 4, 1977,
    section 1(b)(1) of the Act of June 3, 1995 (Public Law 104-14, 2:21
    note prec.), and Rule X(1)(h) of House Resolution No. 5 (105th
    Congress, January 6, 1999).
      In subsection (b)(2), the words "bona fide" are omitted as
    unnecessary.
      In subsection (b)(3), the words "except that of the members first
    appointed, the President shall designate one to serve two years and
    one to serve four years" and "The members first appointed under
    this section shall assume their office on January 2, 1975" are
    omitted as obsolete.
      In subsection (b)(4), the words "are entitled to $100 a day when
    performing duties" are substituted for "shall each receive
    compensation at the rate of $100 for each day such member is
    engaged in the actual performance of duties" to eliminate
    unnecessary words.
      In subsection (d), the words "chapters 33 and 51, and subchapter
    III of chapter 53" are substituted for "the civil service and
    classification laws" because of section 7(b) of the Act of
    September 6, 1966 (Public Law 89-554, 80 Stat. 631), the first
    section of which enacted Title 5, United States Code.
      In subsection (e), before clause (1), the words "As hereinafter
    more specifically described in sections 71c to 71g of this title"
    are omitted as unnecessary. The text of 40:71a(e)(3) is omitted as
    obsolete because the National Capital Regional Planning Council was
    abolished by section 1 of Reorganization Plan No. 5 of 1966 (eff.
    Sept. 8, 1966, 40:71b note). In clause (2), the words "in such
    capacity" are omitted as unnecessary.
      Subsection (f) is substituted for 40:71h to eliminate obsolete
    language.
      In subsection (g), the words "Said Commission shall report to
    Congress annually on the first Monday of March the lands acquired
    during the preceding fiscal year, the method of acquisition, and
    the cost of each tract" are omitted pursuant to section 3003 of the
    Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113
    note). See, also, page 180 of House Document No. 103-7. The words
    "Office of Management and Budget" are substituted for "Bureau of
    the Budget" in section 13 of the Act of June 6, 1924, because the
    Bureau of the Budget was redesignated the Office of Management and
    Budget by section 102 of Reorganization Plan No. 2 of 1970 (eff.
    July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan
    No. 2 of 1970 was repealed by section 5(b) of the Act of September
    13, 1982 (Public Law 97-258, 96 Stat. 1085), the first section of
    which enacted Title 31, United States Code, but the successor
    provision, 31:501, continued the designation as Office of
    Management and Budget.
      In subsection (h), the words "beginning in fiscal year 1998 and
    thereafter" are omitted as obsolete.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 2, 1893, referred to in subsec. (f), is act Mar. 2,
    1893, ch. 197, 27 Stat. 532, as amended, which is not classified to
    the Code.
      Act of June 6, 1924, referred to in subsec. (f), is act June 6,
    1924, ch. 270, 43 Stat. 463, as amended, which enacted sections 71
    to 71i, 72, 73, and 74 of former Title 40, Public Buildings,
    Property, and Works. Sections 71, 71a, 71c, 71d, 71f to 71i, 72,
    73, and 74 of former Title 40 were repealed and reenacted as
    sections 8701, 8702, 8711, 8721 to 8724, 8731, and 8737 of this
    title by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat.
    1062, 1304. Section 71b of former Title 40 was repealed by Pub. L.
    107-217. Section 71e of former Title 40 was repealed by Pub. L. 93-
    198, title II, Sec. 203(e), Dec. 24, 1973, 87 Stat. 782. For
    complete classification of this Act to the Code, see Tables.

-MISC2-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-284 inserted "of this title"
    after "sections 5101 and 5102".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.

-MISC3-
               COMPENSATION OF APPOINTED COMMISSION MEMBERS           
      Pub. L. 108-108, title II, Nov. 10, 2003, 117 Stat. 1301,
    provided in part: "That for fiscal year 2004 and thereafter, all
    appointed members of the Commission will be compensated at a rate
    not to exceed the daily equivalent of the annual rate of pay for
    positions at level IV of the Executive Schedule for each day such
    member is engaged in the actual performance of duties."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-7, div. F, title II, Feb. 20, 2003, 117 Stat. 269.
      Pub. L. 107-63, title II, Nov. 5, 2001, 115 Stat. 464.
      Pub. L. 106-291, title II, Oct. 11, 2000, 114 Stat. 986.
      Pub. L. 106-113, div. B, Sec. 1000(a)(3), [title II], Nov. 29,
    1999, 113 Stat. 1535, 1501A-189.
      Pub. L. 105-277, div. A, Sec. 101(e) [title II], Oct. 21, 1998,
    112 Stat. 2681-231, 2681-285.
      Pub. L. 105-83, title II, Nov. 14, 1997, 111 Stat. 1589.
      Pub. L. 104-208, div. A, title I, Sec. 101(d) [title II], Sept.
    30, 1996, 110 Stat. 3009-181, 3009-219.
      Pub. L. 104-134, title I, Sec. 101(c) [title II], Apr. 26, 1996,
    110 Stat. 1321-195; renumbered title I, Pub. L. 104-140, Sec. 1(a),
    May 2, 1996, 110 Stat. 1327.
      Pub. L. 103-332, title II, Sept. 30, 1994, 108 Stat. 2535.
      Pub. L. 103-138, title II, Nov. 11, 1993, 107 Stat. 1414.
      Pub. L. 102-381, title II, Oct. 5, 1992, 106 Stat. 1414.

-End-

-CITE-
    40 USC Sec. 8712                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER II - PLANNING AGENCIES

-HEAD-
    Sec. 8712. Mayor of the District of Columbia

-STATUTE-
      (a) Planning Responsibilities. - The Mayor of the District of
    Columbia is the central planning agency for the government of the
    District of Columbia in the National Capital and is responsible for
    coordinating the planning activities of the District government and
    for preparing and implementing the District elements of the
    comprehensive plan for the National Capital, which may include land
    use elements, urban renewal and redevelopment elements, a multiyear
    program of public works for the District, and physical, social,
    economic, transportation, and population elements. The Mayor's
    planning responsibility shall not extend to - 
        (1) federal or international projects and developments in the
      District, as determined by the National Capital Planning
      Commission; or
        (2) the United States Capitol Buildings and Grounds as defined
      and described in sections 5101 and 5102 of this title, any
      extension of, or additions to, those Buildings and Grounds, and
      buildings and grounds under the care of the Architect of the
      Capitol.

      (b) Participation and Consultation. - In carrying out the
    responsibilities under this section and section 8721 of this title,
    the Mayor shall establish procedures for citizen participation in
    the planning process and for appropriate meaningful consultation
    with any state or local government or planning agency in the
    National Capital region affected by any aspect of a comprehensive
    plan, including amendments, affecting or relating to the District.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1218; Pub. L. 109-284,
    Sec. 6(28), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8712           40:71a(a)(2).           June 6, 1924, ch. 270, Sec.  
                                            2(a)(2), as added July 19,  
                                            1952, ch. 949, Sec. 1, 66   
                                            Stat. 782; Pub. L. 93-198,  
                                            title II, Sec. 203(a), Dec. 
                                            24, 1973, 87 Stat. 779.     
    --------------------------------------------------------------------

                                AMENDMENTS                            
      2006 - Subsec. (a)(2). Pub. L. 109-284 inserted "of this title"
    after "sections 5101 and 5102".

-End-

-CITE-
    40 USC SUBCHAPTER III - PLANNING PROCESS                    01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER III - PLANNING PROCESS

-HEAD-
                     SUBCHAPTER III - PLANNING PROCESS                 

-End-

-CITE-
    40 USC Sec. 8721                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER III - PLANNING PROCESS

-HEAD-
    Sec. 8721. Comprehensive plan for the National Capital

-STATUTE-
      (a) Preparation and Adoption by Commission. - The National
    Capital Planning Commission shall prepare and adopt a
    comprehensive, consistent, and coordinated plan for the National
    Capital. The plan shall include the Commission's recommendations or
    proposals for federal developments or projects in the environs and
    District elements of the comprehensive plan, or amendments to the
    elements, adopted by the Council of the District of Columbia and
    with respect to which the Commission has not determined a negative
    impact exists. Those elements or amendments shall be incorporated
    into the comprehensive plan without change. The Commission may
    include in its plan any part of a plan adopted by any planning
    agency in the environs and may make recommendations of collateral
    interest to the agencies. The Commission may adopt any part of an
    element. The Commission shall review and may amend or extend the
    plan so that its recommendations may be kept up to date.
      (b) Review by District of Columbia. - The Mayor of the District
    of Columbia shall submit each District element of the comprehensive
    plan, and any amendment, to the Council for revision or
    modification, and adoption, by act, following public hearings.
    Following adoption and prior to implementation, the Council shall
    submit each element or amendment to the Commission for review and
    comment with regard to the impact of the element or amendment on
    the interests or functions of the federal establishment in the
    National Capital.
      (c) Commission Response to Council Action. - 
        (1) Period of review. - Within 60 days after receiving an
      element or amendment from the Council, the Commission shall
      certify to the Council whether the element or amendment has a
      negative impact on the interests or functions of the federal
      establishment in the National Capital.
        (2) No negative impact. - If the Commission takes no action in
      the 60-day period, the element or amendment is deemed to have no
      negative impact and shall be incorporated into the comprehensive
      plan for the National Capital and implemented.
        (3) Negative impact. - 
          (A) Certification to council. - If the Commission finds a
        negative impact, it shall certify its findings and
        recommendations to the Council.
          (B) Response of council. - On receipt of the Commission's
        findings and recommendations, the Council may - 
            (i) accept the findings and recommendations and modify the
          element or amendment accordingly; or
            (ii) reject the findings and recommendations and resubmit a
          modified form of the element or amendment to the Commission
          for reconsideration.

          (C) Findings and recommendations accepted. - If the Council
        accepts the findings and recommendations and modifies the
        element or amendment, the Council shall submit the element or
        amendment to the Commission for the Commission to determine
        whether the modification has been made in accordance with the
        Commission's findings and recommendations. If the Commission
        does not act on the modified element or amendment within 30
        days after receiving it, the element or amendment is deemed to
        have been modified in accordance with the findings and
        recommendations and shall be incorporated into the
        comprehensive plan for the National Capital and implemented. If
        within the 30-day period the Commission again determines the
        element or amendment has a negative impact on the functions or
        interests of the federal establishment in the National Capital,
        the element or amendment shall not be implemented.
          (D) Findings and recommendations rejected. - If the Council
        rejects the findings and recommendations and resubmits a
        modified element or amendment, the Commission, within 60 days
        after receiving it, shall decide whether the modified element
        or amendment has a negative impact on the interests or
        functions of the federal establishment within the National
        Capital. If the Commission does not act within the 60-day
        period, the modified element or amendment is deemed to have no
        negative impact and shall be incorporated into the
        comprehensive plan and implemented. If the Commission finds a
        negative impact, it shall certify its findings (in sufficient
        detail that the Council can understand the basis of the
        objection of the Commission) and recommendations to the Council
        and the element or amendment shall not be implemented.

      (d) Resubmission Deemed New Element or Amendment. - Any element
    or amendment which the Commission has determined has a negative
    impact on the federal establishment in the National Capital which
    is submitted again in a modified form not less than one year from
    the day it was last rejected by the Commission is deemed to be a
    new element or amendment for purposes of the review procedure
    specified in this section.
      (e) Review, Hearings, and Citizen Advisory Councils. - 
        (1) Review. - Before the comprehensive plan, any element of the
      plan, or any revision is adopted, the Commission shall present
      the plan, element, or revision to the appropriate federal or
      District of Columbia authorities for comment and recommendations.
      The Commission may present the proposed revisions annually in a
      consolidated form. Recommendations by federal and District of
      Columbia authorities are not binding on the Commission, but the
      Commission shall give careful consideration to any views and
      recommendations submitted prior to final adoption.
        (2) Hearings and citizen advisory councils. - The Commission - 
          (A) may provide periodic opportunity for review and comments
        by nongovernmental agencies or groups through public hearings,
        meetings, or conferences, exhibitions, and publication of its
        plans; and
          (B) in consultation with the Council, may encourage the
        formation of citizen advisory councils.

      (f) Extension of Time Limitations. - On request of the
    Commission, the Council may grant an extension of any time
    limitation contained in this section.
      (g) Publishing Comprehensive Plan. - As appropriate, the
    Commission and the Mayor jointly shall publish a comprehensive plan
    for the National Capital, consisting of the elements of the
    comprehensive plan for the federal activities in the National
    Capital developed by the Commission and the District elements
    developed by the Mayor and the Council in accordance with this
    section.
      (h) Procedures for Consultation. - 
        (1) Commission and mayor. - The Commission and the Mayor
      jointly shall establish procedures for appropriate meaningful
      continuing consultation throughout the planning process for the
      National Capital.
        (2) Government agencies. - In order that the National Capital
      may be developed in accordance with the comprehensive plan, the
      Commission, with the consent of each agency concerned as to its
      representation, may establish advisory and coordinating
      committees composed of representatives of agencies of the Federal
      and District of Columbia Governments as may be necessary or
      helpful to obtain the maximum amount of cooperation and
      correlation of effort among the various agencies. As it considers
      appropriate, the Commission may invite representatives of the
      planning and developmental agencies of the environs to
      participate in the work of the committees.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1219.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8721(a)        40:71c(a), (d).         June 6, 1924, ch. 270, Sec.  
                                            4(a), (d), (e) (1st par.),  
                                            as added July 19, 1952, ch. 
                                            949, Sec. 1, 66 Stat. 785,  
                                            787; Pub. L. 93-198, title  
                                            II Sec. 203(c)(1), (2), Dec.
                                            24, 1973, 87 Stat. 782.     
    8721(b)        40:71a(a)(3).           June 6, 1924, ch. 270, Sec.  
                                            2(a)(3), (4), as added July 
                                            19, 1952, ch. 949, Sec. 1,  
                                            66 Stat. 782; Pub. L.       
                                            93-198, title II, Sec.      
                                            203(a), Dec. 24, 1973, 87   
                                            Stat. 779.                  
    8721(c),       40:71a(a)(4)(A)-(C).                                 
     (d)                                                                
    8721(e)        40:71c(e) (1st                                       
                    par.).                                              
    8721(f)        40:71a(a)(4)(E).                                     
    8721(g)        40:71a(a)(4)(D).                                     
    8721(h)(1)     40:71a(a)(4)(F).                                     
    8721(h)(2)     40:71a(d).              June 6, 1924, ch. 270, Sec.  
                                            2(d), as added July 19,     
                                            1952, ch. 949, Sec. 1, 66   
                                            Stat. 783.                  
    --------------------------------------------------------------------

      In subsection (a), the text of 40:71c(a) (2d, 3d sentences) and
    reference to the National Capital Regional Planning Council are
    omitted as obsolete because the Council was abolished by section 1
    of Reorganization Plan No. 5 of 1966 (eff. Sept. 8, 1966, 40:71b
    note). The words "from time to time" are omitted as unnecessary.
      In subsection (e)(2), before clause (A), the words "in addition
    and at its discretion" are omitted as unnecessary.
      In subsection (g), the words "from time to time" are omitted as
    unnecessary.

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a committee
    established by the President or an officer of the Federal
    Government, such committee is renewed by appropriate action prior
    to the expiration of such 2-year period, or in the case of a
    committee established by the Congress, its duration is otherwise
    provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86
    Stat. 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-

-CITE-
    40 USC Sec. 8722                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER III - PLANNING PROCESS

-HEAD-
    Sec. 8722. Proposed federal and district developments and projects

-STATUTE-
      (a) Agencies To Use Commission as Central Planning Agency. -
    Agencies of the Federal Government responsible for public
    developments and projects shall cooperate and correlate their
    efforts by using the National Capital Planning Commission as the
    central planning agency for federal activities in the National
    Capital region. To aid the Commission in carrying out this
    function, federal and District of Columbia governmental agencies on
    request of the Commission shall furnish plans, data, and records
    the Commission requires. The Commission on request shall furnish
    related plans, data, and records to federal and District of
    Columbia governmental agencies.
      (b) Consultation Between Agencies and Commission. - 
        (1) Before construction plans prepared. - To ensure the
      comprehensive planning and orderly development of the National
      Capital, a federal or District of Columbia agency, before
      preparing construction plans the agency originates for proposed
      developments and projects or before making a commitment to
      acquire land, to be paid for at least in part from federal or
      District amounts, shall advise and consult with the Commission as
      the agency prepares plans and programs in preliminary and
      successive stages that affect the plan and development of the
      National Capital. After receiving the plans, maps, and data, the
      Commission promptly shall make a preliminary report and
      recommendations to the agency. If the agency, after considering
      the report and recommendations of the Commission, does not agree,
      it shall advise the Commission and provide the reasons why it
      does not agree. The Commission then shall submit a final report.
      After consultation and suitable consideration of the views of the
      Commission, the agency may proceed to take action in accordance
      with its legal responsibilities and authority.
        (2) Exceptions. - 
          (A) In general. - Paragraph (1) does not apply to projects
        within the Capitol grounds or to structures erected by the
        Department of Defense during wartime or national emergency
        within existing military, naval, or Air Force reservations,
        except that the appropriate defense agency shall consult with
        the Commission as to any developments which materially affect
        traffic or require coordinated planning of the surrounding
        area.
          (B) Advance decisions of commission. - The Commission shall
        determine in advance the type or kinds of plans, developments,
        projects, improvements, or acquisitions which do not need to be
        submitted for review by the Commission as to conformity with
        its plans.

      (c) Additional Procedure for Developments and Projects Within
    Environs. - 
        (1) Submission to commission. - Within the environs, general
      plans showing the location, character, and extent of, and
      intensity of use for, proposed federal and District developments
      and projects involving the acquisition of land shall be submitted
      to the Commission for report and recommendations before a final
      commitment to the acquisition is made, unless the matter
      specifically has been approved by law.
        (2) Commission action. - Before acting on any general plan, the
      Commission shall advise and consult with the appropriate planning
      agency having jurisdiction over the affected part of the
      environs. When the Commission decides that proposed developments
      or projects submitted to the Commission under subsection (b)
      involve a major change in the character or intensity of an
      existing use in the environs, the Commission shall advise and
      consult with the planning agency. The report and recommendations
      shall be submitted within 60 days and shall be accompanied by any
      reports or recommendations of the planning agency.
        (3) Working with state or local authority or agency. - In
      carrying out its planning functions with respect to federal
      developments or projects in the environs, the Commission may work
      with, and make agreements with, any state or local authority or
      planning agency as the Commission considers necessary to have a
      plan or proposal adopted and carried out.

      (d) Approval of Federal Public Buildings. - The provisions of the
    Act of June 20, 1938 (ch. 534, 52 Stat. 797) shall not apply to
    federal public buildings. In order to ensure the orderly
    development of the National Capital, the location, height, bulk,
    number of stories, and size of federal public buildings in the
    District of Columbia and the provision for open space in and around
    federal public buildings in the District of Columbia are subject to
    the approval of the Commission.
      (e) Approval of District Government Buildings in Central Area. -
    Subsection (d) is extended to include public buildings erected by
    any agency of the Government of the District of Columbia in the
    central area of the District (as defined by concurrent action of
    the Commission and the Council of the District of Columbia), except
    that the Commission shall transmit its approval or disapproval
    within 30 days after the day the proposal was submitted to the
    Commission.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1221; Pub. L. 109-284,
    Sec. 6(29), Sept. 27, 2006, 120 Stat. 1213.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8722(a)        40:71d(e).              June 6, 1924, ch. 270, Sec.  
                                            5, as added July 19, 1952,  
                                            ch. 949, Sec. 1, 66 Stat.   
                                            787; Pub. L. 93-198, title  
                                            II, Sec. 203(d), Dec. 24,   
                                            1973, 87 Stat. 782.         
    8722(b)(1)     40:71d(a) (1st                                       
                    sentence words                                      
                    before proviso,                                     
                    2d-last sentences).                                 
    8722(b)(2)(    40:71d(b).                                           
     A)                                                                 
    8722(b)(2)(    40:71d(a) (1st                                       
     B)             sentence proviso).                                  
    8722(c)(       40:71d(d).                                           
     1), (2)                                                            
    8722(c)(3)     40:71c(e) (last         June 6, 1924, ch. 270, Sec.  
                    par.).                  4(e) (last par.), as added  
                                            July 19, 1952, ch. 949, Sec.
                                            1, 66 Stat. 787.            
    8722(d)        (uncodified).           June 20, 1938, ch. 534, Sec. 
                                            16, 52 Stat. 802.           
    8722(e)        40:71d(c).                                           
    --------------------------------------------------------------------

      In subsection (a), the words "including the acquisition of land"
    are omitted as unnecessary.
      In subsection (b)(1), the words "received and" are omitted as
    unnecessary.
      In subsection (c)(2), reference to the National Capital Regional
    Planning Council is omitted as obsolete because the Council was
    abolished by section 1 of Reorganization Plan No. 5 of 1966 (eff.
    Sept. 8, 1966, 40:71b note).
      In subsection (c)(3), the word "work" is substituted for "act in
    conjunction and cooperation" to eliminate unnecessary words.
      In subsection (d), the word "Commission" [meaning the National
    Capital Planning Commission] is substituted for "National Capital
    Park and Planning Commission" because of section 9 of the Act of
    June 6, 1924 (ch. 270), as added by section 1 of the Act of July
    19, 1952 (ch. 949, 66 Stat. 790). See section 8711(f) of the
    revised title.
      In subsection (e), the words "the boundaries of" and "and from
    time to time redefined" are omitted as unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Act of June 20, 1938, referred to in subsec. (d), is act June
    20, 1938, ch. 534, 52 Stat. 797, as amended. While the Act was not
    classified to the Code, section 16 of the Act was repealed and
    reenacted as subsec. (d) of this section by Pub. L. 107-217, Secs.
    1, 6, Aug. 21, 2002, 116 Stat. 1062, 1304. See Historical and
    Revision Notes above.

-MISC2-
                                AMENDMENTS                            
      2006 - Subsec. (d). Pub. L. 109-284 substituted "52 Stat. 797"
    for "52 Stat. 802" and "are subject" for "is subject".

-End-

-CITE-
    40 USC Sec. 8723                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER III - PLANNING PROCESS

-HEAD-
    Sec. 8723. Capital improvements

-STATUTE-
      (a) Six-Year Program of Public Works Projects. - The National
    Capital Planning Commission shall recommend a six-year program of
    public works projects for the Federal Government which the
    Commission shall review annually with the agencies concerned. Each
    federal agency shall submit to the Commission in the first quarter
    of each fiscal year a copy of its advance program of capital
    improvements within the National Capital and its environs.
      (b) Submission of Multiyear Capital Improvement Plan. - By
    February 1 of each year, the Mayor of the District of Columbia
    shall submit to the Commission a copy of the multiyear capital
    improvements plan for the District of Columbia that the Mayor
    develops under section 444 of the District of Columbia Home Rule
    Act (Public Law 93-198, 87 Stat. 800). The Commission has 30 days
    in which to comment on the plan but may not change or disapprove of
    the plan.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1223.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8723           40:71f.                 June 6, 1924, ch. 270, Sec.  
                                            7, as added July 19, 1952,  
                                            ch. 949, Sec. 1, 66 Stat.   
                                            789; Pub. L. 93-198, title  
                                            II, Sec. 203(f), Dec. 24,   
                                            1973, 87 Stat. 782.         
    --------------------------------------------------------------------

      In subsection (b), the words "District of Columbia Home Rule Act"
    are substituted for "District of Columbia of Columbia Self-
    Government and Governmental Reorganization Act" because of section
    11717(b) of the Balanced Budget Act of 1997 (Public Law 105-33, 111
    Stat. 786).

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 444 of the District of Columbia Home Rule Act, referred
    to in subsec. (b), is section 444 of Pub. L. 93-198, title IV, Dec.
    24, 1973, 87 Stat. 800, as amended, which is not classified to the
    Code.

-End-

-CITE-
    40 USC Sec. 8724                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER III - PLANNING PROCESS

-HEAD-
    Sec. 8724. Zoning regulations and maps

-STATUTE-
      (a) Amendments of Zoning Regulations and Maps. - The National
    Capital Planning Commission may make a report and recommendation to
    the Zoning Commission of the District of Columbia, as provided in
    section 5 of the Act of June 20, 1938 (ch. 534, 52 Stat. 798), on
    the relation, conformity, or consistency of proposed amendments of
    the zoning regulations and maps with the comprehensive plan for the
    National Capital. The Planning Commission may also submit to the
    Zoning Commission proposed amendments or general revisions to the
    zoning regulations or the zoning map for the District of Columbia.
      (b) Additional Report by Planning Commission. - When requested by
    an authorized representative of the Planning Commission, the Zoning
    Commission may recess for a reasonable period of time any public
    hearing it is holding to consider a proposed amendment to the
    zoning regulations or map so that the Planning Commission may have
    an opportunity to present to the Zoning Commission an additional
    report on the proposed amendment.
      (c) Zoning Committee of National Capital Planning Commission. - 
        (1) Establishment and composition. - There is a Zoning
      Committee of the National Capital Planning Commission. The
      Committee consists of at least three members of the Planning
      Commission the Planning Commission designates for that purpose.
      The number of members serving on the Committee may vary.
        (2) Duties. - The Committee shall carry out the functions
      vested in the Planning Commission under this section and section
      8725 of this title - 
          (A) to the extent the Planning Commission decides; and
          (B) when requested by the Zoning Commission and approved by
        the Planning Commission.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1223.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8724(a)        40:71g(a).              June 6, 1924, ch. 270, Sec.  
                                            8(a)-(c), as added July 19, 
                                            1952, ch. 949, Sec. 1, 66   
                                            Stat. 790; Pub. L. 93-198,  
                                            title II, Sec. 203(g), Dec. 
                                            24, 1973, 87 Stat. 783.     
    8724(b)        40:71g(b).                                           
    8724(c)        40:71g(c).                                           
    --------------------------------------------------------------------

      In subsection (a), the words "Act of June 20, 1938" are
    substituted for "Act of March 1, 1920" to correct an error in the
    law.
      In subsection (b), the words "properly", "at its discretion", and
    "or its representative" are omitted as unnecessary.
      In subsection (c)(1), the words "from time to time" are omitted
    as unnecessary.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5 of the Act of June 20, 1938, referred to in subsec.
    (a), is section 5 of act June 20, 1938, ch. 534, 52 Stat. 798,
    which is not classified to the Code.

-End-

-CITE-
    40 USC Sec. 8725                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER III - PLANNING PROCESS

-HEAD-
    Sec. 8725. Recommendations on platting and subdividing land

-STATUTE-
      (a) By Council of the District of Columbia. - The Council of the
    District of Columbia shall submit any proposed change in, or
    addition to, the regulations or general orders regulating the
    platting and subdividing of lands and grounds in the District of
    Columbia to the National Capital Planning Commission for report and
    recommendation before the Council adopts the change or addition.
    The Council shall advise the Commission when it does not agree with
    the recommendations of the Commission and shall give the reasons
    why it disagrees. The Commission then shall submit a final report
    within 30 days. After considering the final report, the Council may
    act in accordance with its legal responsibilities and authority.
      (b) By Planning Commission. - The Commission shall submit to the
    Council any proposed change in, or amendment to, the general orders
    that the Commission considers appropriate. The Council shall treat
    the amendments proposed in the same manner as other proposed
    amendments.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1224.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8725           40:71g(d).              June 6, 1924, ch. 270, Sec.  
                                            8(d), as added July 19,     
                                            1952, ch. 949, Sec. 1, 66   
                                            Stat. 790.                  
    --------------------------------------------------------------------

      In subsection (b), the words "to the Council" are added for
    clarity.

-End-

-CITE-
    40 USC Sec. 8726                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER III - PLANNING PROCESS

-HEAD-
    Sec. 8726. Authorization of appropriations

-STATUTE-
      Amounts necessary to carry out this subchapter may be
    appropriated from money in the Treasury not otherwise appropriated
    and from any appropriate appropriation law, except the annual
    District of Columbia Appropriation Act.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1224.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8726           40:71i.                 June 6, 1924, ch. 270, Sec.  
                                            10, as added July 19, 1952, 
                                            ch. 949, Sec. 1, 66 Stat.   
                                            791.                        
    --------------------------------------------------------------------

      The words "any existing provisions of law to the contrary
    notwithstanding" are omitted as unnecessary.

-End-

-CITE-
    40 USC SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND      01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-
              SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND          

-End-

-CITE-
    40 USC Sec. 8731                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-
    Sec. 8731. Acquiring land for park, parkway, or playground purposes

-STATUTE-
      (a) Authority To Acquire Land. - The National Capitol Planning
    Commission shall acquire land the Planning Commission believes is
    necessary and desirable in the District of Columbia and adjacent
    areas in Maryland and Virginia for suitable development of the
    National Capital park, parkway, and playground system. The
    acquisition must be within the limits of the appropriations made
    for those purposes. The Planning Commission shall request the
    advice of the Commission of Fine Arts in selecting land to be
    acquired.
      (b) How Land May Be Acquired. - 
        (1) Purchase or condemnation proceeding. - The National Capital
      Planning Commission may buy land when the land can be acquired at
      a price the Planning Commission considers reasonable or by a
      condemnation proceeding when the land cannot be bought at a
      reasonable price.
        (2) Land in the district of columbia. - A condemnation
      proceeding to acquire land in the District of Columbia shall be
      conducted in accordance with section 1 of the Act of December 23,
      1963 (Public Law 88-241, 77 Stat. 571).
        (3) Land in maryland or virginia. - The Planning Commission may
      acquire land in Maryland or Virginia under arrangements agreed to
      by the Commission and the proper officials of Maryland or
      Virginia.

      (c) Control of Land. - 
        (1) Land in the district of columbia. - Land acquired in the
      District of Columbia shall be a part of the park system of the
      District of Columbia and be under the control of the Director of
      the National Park Service. The National Capital Planning
      Commission may assign areas suitable for playground purposes to
      the control of the Mayor of the District of Columbia for
      playground purposes.
        (2) Land in maryland or virginia. - Land acquired in Maryland
      or Virginia shall be controlled as determined by agreement
      between the Planning Commission and the proper officials of
      Maryland or Virginia.

      (d) Presidential Approval Required. - The designation of all land
    to be acquired by condemnation, all contracts to purchase land, and
    all agreements between the National Capital Planning Commission and
    the officials of Maryland and Virginia are subject to the approval
    of the President.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1224.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8731(a)        40:72 (1st, 4th         June 6, 1924, ch. 270, Sec.  
                    sentences).             11, formerly Sec. 2, 43     
                                            Stat. 463; renumbered Sec.  
                                            11, July 19, 1952, ch. 949, 
                                            Sec. 2 (1st sentence), 66   
                                            Stat. 791.                  
    8731(b)        40:72 (2d, 3d                                        
                    sentence).                                          
    8731(c)        40:73 (3d-last          June 6, 1924, ch. 270, Sec.  
                    sentences).             12 (3d-last sentences),     
                                            formerly Sec. 3 (3d-last    
                                            sentences), 43 Stat. 463;   
                                            renumbered Sec. 12, July 19,
                                            1952, ch. 949, Sec. 2 (1st  
                                            sentence), 66 Stat. 791.    
    8731(d)        40:72 (last                                          
                    sentence).                                          
    --------------------------------------------------------------------

      In subsection (a), the words "or a majority thereof" are omitted
    as unnecessary.
      In subsection (b)(2), the words "section 1 of the Act of December
    23, 1963 (Public Law 88-241, 77 Stat. 572)" are substituted for
    40:72 (2d sentence words after "in accordance with") because
    provisions in section 3 of the Act of August 30, 1890 (ch. 837, 26
    Stat. 412), established the act as permanent and general. The act
    therefore was classified to 40:120, which was superseded by the Act
    of March 1, 1929 (ch. 416, 45 Stat. 1415), which was classified to
    40:361 et seq. That law was repealed by section 21(b) of the Act of
    December 23, 1963 (Public Law 88-241, 77 Stat. 627), with the
    subject matter of those sections being restated in section 1 of
    that Act.
      In subsection (b)(3), the words "either by purchase or
    condemnation proceedings" and "as to acquisition and payment for
    the lands as it shall determine upon" are omitted as unnecessary.
      In subsection (c)(1), the words "Director of the National Park
    Service" are substituted for "Chief of Engineers of the United
    States Army" [subsequently changed to "Director of Public Buildings
    and Public Parks" by section 3 of the Act of February 26, 1925 (ch.
    339, 43 Stat. 983)] because of section 1(words before 3d comma in
    2d complete par. on p. 389) of the Act of March 2, 1934 (ch. 38, 48
    Stat. 389).
      In subsection (c)(2), the words "in Maryland or Virginia" are
    substituted for "outside the District of Columbia" for clarity and
    for consistency in this section. The words "such agreements to be
    subject to the approval of the President" are omitted because of
    40:72 (last sentence), restated as subsection (d).

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1 of the Act of December 23, 1963, referred to in subsec.
    (b)(2), is section 1 of Pub. L. 88-241, Dec. 23, 1963, 77 Stat.
    478, which enacted general and permanent laws relating to judiciary
    and judicial procedure in the District of Columbia, and which is
    not classified to the Code.

-End-

-CITE-
    40 USC Sec. 8732                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-
    Sec. 8732. Acquiring land subject to limited rights reserved to
      grantor and limited permanent rights in land adjoining park
      property

-STATUTE-
      (a) In General. - The National Capital Planning Commission in
    accordance with this chapter may acquire, for and on behalf of the
    Federal Government, by gift, devise, purchase, or condemnation - 
        (1) fee title to land subject to limited rights, but not for
      business purposes, reserved to the grantor; and
        (2) permanent rights in land adjoining park property sufficient
      to prevent the use of the land in certain specified ways which
      would essentially impair the value of the park property for its
      purposes.

      (b) Prerequisites to Acquisition. - 
        (1) Fee title to land subject to limited rights. - The
      reservation of rights to the grantor shall not continue beyond
      the life of the grantor of the fee. The Commission must decide
      that the permanent public park purposes for which control over
      the land is needed are not essentially impaired by the reserved
      rights and that there is a substantial saving in cost by
      acquiring the land subject to the limited rights as compared with
      the cost of acquiring unencumbered title to the land.
        (2) Permanent rights in land adjoining park property. - The
      Commission must decide that the protection and maintenance of the
      essential public values of the park can be secured more
      economically by acquiring the permanent rights than by acquiring
      the land.

      (c) Presidential Approval Required. - All contracts to acquire
    land or rights under this section are subject to the approval of
    the President.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1225.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8732(a)        40:72a (1st par.,       Dec. 22, 1928, ch. 48, Sec.  
                    last par. less          1, 45 Stat. 1070.           
                    provisos).                                          
    8732(b)        40:72a (last par.                                    
                    1st-3d provisos).                                   
    8732(c)        40:72a (last par.                                    
                    last proviso).                                      
    --------------------------------------------------------------------

      In subsection (a), the text of 40:72a (1st par.) is omitted as
    unnecessary.

-End-

-CITE-
    40 USC Sec. 8733                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-
    Sec. 8733. Lease of land acquired for park, parkway, or playground
      purposes

-STATUTE-
      The Secretary of the Interior may lease, for not more than five
    years, land or an existing building or structure on land acquired
    for park, parkway, or playground purposes, and may renew the lease
    for an additional five years. A lease or renewal under this section
    is - 
        (1) subject to the approval of the National Capital Planning
      Commission;
        (2) subject to the need for the immediate use of the land,
      building, or structure in other ways by the public; and
        (3) on terms the Administrator decides.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1225.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8733           40:72b.                 Dec. 22, 1928, ch. 48, Sec.  
                                            2, 45 Stat. 1070.           
    --------------------------------------------------------------------

      The words "Administrator of General Services" are substituted for
    "Director of Public Buildings and Public Parks of the National
    Capital" [subsequently changed to "Director of the National Park
    Service" because of section 2 of Executive Order No. 6166 (eff.
    June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389),
    and "Public Buildings Administrator" because of sections 301 and
    303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53
    Stat. 1426, 1427)] because of section 103(a) of the Federal
    Property and Administrative Services Act of 1949 (ch. 288, 63 Stat.
    380), which is restated as section 303(c) [303(b)] of the revised
    title. The words "National Capital Planning Commission" are
    substituted for "National Capital Park and Planning Commission"
    because of section 9 of the Act of June 6, 1924 (ch. 270), as added
    by section 1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790).
    See section 8711(f) of the revised title.

-End-

-CITE-
    40 USC Sec. 8734                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-
    Sec. 8734. Sale of land by Mayor

-STATUTE-
      (a) Authority To Sell. - With the approval of the National
    Capital Planning Commission, the Mayor of the District of Columbia,
    for the best interests of the District of Columbia, may sell to the
    highest bidder at public or private sale real estate in the
    District of Columbia owned in fee simple by the District of
    Columbia for municipal use that the Council of the District of
    Columbia and the Commission find to be no longer required for
    public purposes.
      (b) Paying Expenses and Depositing Proceeds. - The Mayor - 
        (1) may pay the reasonable and necessary expenses of the sale
      of each parcel of land sold; and
        (2) shall deposit the net proceeds of each sale in the Treasury
      to the credit of the District of Columbia.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1226.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8734(a)        40:72c.                 Aug. 5, 1939, ch. 449, Secs. 
                                            1, 2, 53 Stat. 1211.        
    8734(b)        40:72d.                                              
    --------------------------------------------------------------------

      In subsection (a), the words "in his discretion", "and convey, in
    whole or in part", and "now or hereafter" are omitted as
    unnecessary.

-End-

-CITE-
    40 USC Sec. 8735                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-
    Sec. 8735. Sale of land by Secretary of the Interior

-STATUTE-
      (a) Authority To Sell. - With the approval of the National
    Capital Planning Commission, the Secretary of the Interior, for the
    best interests of the Federal Government, may sell, by deed or
    instrument, real estate held by the Government in the District of
    Columbia and under the jurisdiction of the National Park Service
    which may be no longer needed for public purposes. The land may be
    sold for cash or on a deferred-payment plan the Secretary approves,
    at a price not less than the Government paid for it and not less
    than its present appraised value as determined by the Secretary.
      (b) Sale to Highest Bidder. - In selling any parcel of land under
    this section, the Secretary shall have public or private
    solicitation for bids or offers be made as the Secretary considers
    appropriate. The Secretary shall sell the parcel to the party
    agreeing to pay the highest price if the price is otherwise
    satisfactory. If the price offered or bid by the owner of land
    abutting the land to be sold equals the highest price offered or
    bid by any other party, the parcel may be sold to the owner of the
    abutting land.
      (c) Paying Expenses and Depositing Proceeds. - The Secretary - 
        (1) may pay the reasonable and necessary expenses of the sale
      of each parcel of land sold; and
        (2) shall deposit the net proceeds of each sale in the Treasury
      to the credit of the Government and the District of Columbia in
      the proportion that each - 
          (A) paid the appropriations used to acquire the parcels; or
          (B) was obligated to pay the appropriations, at the time of
        acquisition, by reimbursement.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1226.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8735(a)        40:74a.                 Aug. 5, 1939, ch. 449, Secs. 
                                            4-6, 53 Stat. 1211.         
    8735(b)        40:74b.                                              
    8735(c)        40:74c.                                              
    --------------------------------------------------------------------

      In subsection (a), the words "in his discretion", "and convey, in
    whole or in part", and "proper" are omitted as unnecessary.
      In subsection (b), reference to sections 72c to 72e is omitted as
    unnecessary because the Secretary of the Interior does not have
    authority to sell land under those sections.

-End-

-CITE-
    40 USC Sec. 8736                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-
    Sec. 8736. Execution of deeds

-STATUTE-
      The Mayor of the District of Columbia may execute deeds of
    conveyance for real estate sold under this subchapter. The deeds
    shall contain a full description of the land sold as required by
    law.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1227.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8736           40:72e.                 Aug. 5, 1939, ch. 449, Sec.  
                                            3, 53 Stat. 1211.           
    --------------------------------------------------------------------

      The word "proper" is omitted as unnecessary. The words "as
    required by" are substituted for "either by metes and bounds, or
    otherwise according to" to eliminate unnecessary words.

-End-

-CITE-
    40 USC Sec. 8737                                            01/03/2007

-EXPCITE-
    TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
    SUBTITLE II - PUBLIC BUILDINGS AND WORKS
    PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
              COLUMBIA                                
    CHAPTER 87 - PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
    SUBCHAPTER IV - ACQUIRING AND DISPOSING OF LAND

-HEAD-
    Sec. 8737. Authorization of appropriations

-STATUTE-
      An amount equal to not more than one cent for each inhabitant of
    the continental United States as determined by the last preceding
    decennial census may be appropriated each year in the District of
    Columbia Appropriation Act for the National Capital Planning
    Commission to use for the payment of its expenses and for the
    acquisition of land the Commission may acquire under section 8731
    of this title for the purposes named, including compensation for
    the land, surveys, ascertainment of title, condemnation
    proceedings, and necessary conveyancing. The appropriated amounts
    shall be paid from the revenues of the District of Columbia and the
    general amounts of the Treasury in the same proportion as other
    expenses of the District of Columbia.

-SOURCE-
    (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1227.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
      Revised       Source (U.S. Code)       Source (Statutes at Large) 
      Section                                                           
    --------------------------------------------------------------------
    8737           40:73 (1st, 2d          June 6, 1924, ch. 270, Sec.  
                    sentences).             12 (1st, 2d sentences),     
                                            formerly Sec. 3 (1st, 2d    
                                            sentences), 43 Stat. 463;   
                                            renumbered Sec. 12, July 19,
                                            1952, ch. 949, Sec. 2 (1st  
                                            sentence), 66 Stat. 791.    
    --------------------------------------------------------------------

-End-