I

103D CONGRESS

1ST SESSION H. R. 855

To require the Administrator of General Services, the Director of the National

Park Service, the Architect of the Capitol, and the Secretary of the

Smithsonian Institution to provide notice to the District of Columbia

before carrying out any activity affecting property located in the District

of Columbia, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 4, 1993

Ms. NORTON introduced the following bill; which was referred jointly to the

Committees on the District of Columbia, House Administration, Natural

Resources, and Public Works and Transportation

A BILL

To require the Administrator of General Services, the Director of the National Park Service, the Architect of the

Capitol, and the Secretary of the Smithsonian Institution

to provide notice to the District of Columbia before carrying out any activity affecting property located in the

District of Columbia, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘District of Columbia

5 Land Use Notification Act of 1993’’.
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1 SEC. 2. REQUIRING CERTAIN FEDERAL AGENCIES TO PRO2 VIDE NOTICE TO DISTRICT OF COLUMBIA BE3 FORE CARRYING OUT ACTIVITIES AFFECTING

4 PROPERTY LOCATED IN DISTRICT.

5 (a) REQUIREMENTS FOR GENERAL SERVICES AD6 MINISTRATION.—

7 (1) IN GENERAL.—Title II of the Federal Prop8 erty and Administrative Services Act of 1949 (40

9 U.S.C. 481 et seq.) is amended by adding at the end

10 the following new section:

11 ‘‘NOTICE TO DISTRICT OF COLUMBIA OF ACTIVITIES

12 AFFECTING PROPERTY LOCATED IN THE DISTRICT

13 ‘‘SEC. 213. (a) Except as provided in subsection (b),

14 the Administrator may not carry out any activity under

15 this title that affects real property located in the District

16 of Columbia (including transferring excess property or dis17 posing of surplus property) unless—

18 ‘‘(1) not later than 60 days before carrying out

19 such activity, the Administrator provides a notice de20 scribing such activity and the property affected to

21 the Mayor of the District of Columbia, the Chair of

22 the Council of the District of Columbia, and the

23 Chair of the Advisory Neighborhood Commission (as

24 established pursuant to section 738 of the District

25 of Columbia Self-Government and Governmental Re-
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1 organization Act) in whose neighborhood such prop2 erty is located; and

3 ‘‘(2) the Administrator provides the individuals

4 described in paragraph (1) with the opportunity to

5 present oral or written comments on the activity to

6 the Administrator (or the Administrator’s designee)

7 before the Administrator carries out the activity.

8 ‘‘(b) The Administrator may waive the requirements

9 described in subsection (a) if the Administrator finds that

10 compliance with the requirements would jeopardize the

11 public safety or the national security interests of the Unit12 ed States, but only if the Administrator—

13 ‘‘(1) certifies such finding and the reasons for

14 such finding to the individuals described in para15 graph (1) of such subsection and to Congress; and

16 ‘‘(2) at the earliest time practicable, provides

17 such individuals with the notice described in para18 graph (1) of such subsection and the opportunity to

19 present comments described in paragraph (2) of

20 such subsection.’’.

21 (2) CLERICAL AMENDMENT.—The table of con22 tents for such Act is amended by inserting after the

23 item relating to section 212 the following new item:

‘‘Sec. 213. Notice to District of Columbia of activities affecting property

located in the District.’’.
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1 (b) NOTICE REQUIREMENTS FOR OTHER COVERED

2 AGENCIES.—

3 (1) IN GENERAL.—Except as provided in para4 graph (2), a covered agency (as defined in para5 graph (3)) may not carry out any activity that af6 fects real property located in the District of Colum7 bia unless—

8 (A) not later than 60 days before carrying

9 out such activity, such agency provides a notice

10 describing such activity and the property af11 fected to the Mayor of the District of Columbia,

12 the Chair of the Council of the District of Co13 lumbia, and the Chair of the Advisory Neigh14 borhood Commission (as established pursuant

15 to section 738 of the District of Columbia Self16 Government and Governmental Reorganization

17 Act) in whose neighborhood such property is lo18 cated; and

19 (B) the agency provides the individuals de20 scribed in subparagraph (A) with the oppor21 tunity to present oral or written comments on

22 the activity to a representative of the agency

23 before the agency carries out the activity.

24 (2) EXCEPTION FOR EMERGENCIES.—A covered

25 agency may waive the requirements of paragraph (1)
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1 if the agency finds that compliance with the require2 ments would jeopardize the public safety or the na3 tional security interests of the United States, but

4 only if the agency—

5 (A) certifies such finding and the reasons

6 for such finding to the individuals described in

7 subparagraph (A) of such paragraph and to

8 Congress; and

9 (B) at the earliest time practicable, pro10 vides such individuals with the notice described

11 in subparagraph (A) of such paragraph and the

12 opportunity to present comments described in

13 subparagraph (B) of such paragraph.

14 (3) COVERED AGENCY DEFINED.—In this sub15 section, the term ‘‘covered agency’’ means any of the

16 following:

17 (A) The Architect of the Capitol.

18 (B) The National Park Service.

19 (C) The Smithsonian Institution.

20 (c) PRIOR APPROVAL FOR EVENTS AT TENNIS STA21 DIUM AT ROCK CREEK PARK.—No event may be held at

22 the William H. G. Fitzgerald Tennis Center at Rock Creek

23 Park without the prior approval of the Director of the

24 National Park Service and the Mayor of the District of

25 Columbia.
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1 SEC. 3. EFFECTIVE DATE.

2 The amendments made by section 2(a) shall apply to

3 activities carried out after the expiration of the 60-day pe4 riod that begins on the date of the enactment of this Act,

5 and sections 2 (b) and (c) shall apply to activities carried

6 out and events held after the expiration of such period.

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