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one season for reclamation or park improvement. The Secretary shall vacate
the area at the close of any season on the request of the Director.
(b) CONTINUE AS PUBLIC PARK UNDER DIRECTOR.—This section does
not change the essential character of the land used, which shall continue
to be a public park under the charge of the Director.
§ 8127. Part of Washington Aqueduct for playground pur-
poses
(a) JURISDICTION OF MAYOR.—The Mayor of the District of Columbia
has possession, control, and jurisdiction of the land of the Washington Aq-
ueduct adjacent to the Champlain Avenue pumping station and lying outside
of the fence around the pumping station as it—
(1) existed on August 31, 1918; and
(2) was transferred by the Chief of Engineers for playground pur-
poses.
(b) JURISDICTION OF SECRETARY OF THE ARMY NOT AFFECTED.—This
section does not affect the superintendence and control of the Secretary of
the Army over the Washington Aqueduct and the rights, appurtenances, and
fixtures connected with the Aqueduct.
SUBCHAPTER III—SERVICES FOR FACILITIES
§ 8141. Contract to rent buildings in the District of Colum-
bia not to be made until appropriation enacted
A contract shall not be made for the rent of a building, or part of a build-
ing, to be used for the purposes of the Federal Government in the District
of Columbia until Congress enacts an appropriation for the rent. This sec-
tion is deemed to be notice to all contractors or lessors of the building or
a part of the building.
§ 8142. Rent of other buildings
An executive department of the Federal Government renting a building
for public use in the District of Columbia may rent a different building in-
stead if it is in the public interest to do so. This section does not authorize
an increase in the number of buildings in use or in the amount paid for
rent.
§ 8143. Heat
(a) CORCORAN GALLERY OF ART.—The Administrator of General Serv-
ices may furnish heat from the central heating plant to the Corcoran Gal-
lery of Art, if the Corcoran Gallery of Art agrees to—
(1) pay for heat furnished at rates the Administrator determines;
and
(2) connect the building with the Federal Government mains in a
manner satisfactory to the Administrator.
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(b) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM.—The
Administrator may furnish steam from the central heating plant for the use
of the Board of Governors of the Federal Reserve System on the property
which the Board acquired in squares east of 87 and east of 88 in the Dis-
trict of Columbia if the Board agrees to—
(1) pay for the steam furnished at reasonable rates the Adminis-
trator determines but that are at least equal to cost; and
(2) provide the necessary connections with the Government mains at
its own expense and in a manner satisfactory to the Administrator.
(c) NON-FEDERAL PUBLIC BUILDINGS.—The Administrator shall deter-
mine the rates to be paid for steam furnished to the Corcoran Gallery of
Art, the Pan American Union Buildings, the American Red Cross Buildings,
and other non-federal public buildings authorized to receive steam from the
central heating plant.
§ 8144. Delivery of fuel for use during ensuing fiscal year
During April, May, and June of each year, the Administrator of General
Services may deliver to all branches of the Federal Government and the gov-
ernment of the District of Columbia as much fuel for their use during the
following fiscal year as may be practicable to store at the points of con-
sumption. The branches of the Federal Government and the government of
the District of Columbia shall pay for the fuel from their applicable appro-
priations for that fiscal year.
SUBCHAPTER IV—MISCELLANEOUS
§ 8161. Reservation of parking spaces for Members of Con-
gress
The Council of the District of Columbia shall designate, reserve, and
properly mark appropriate and sufficient parking spaces on the streets adja-
cent to all public buildings in the District for the use of Members of Con-
gress engaged in public business.
§ 8162. Ailanthus trees prohibited
Ailanthus trees shall not be purchased for, or planted in, the public
grounds.
§ 8163. Use of greenhouses and nursery for trees, shrubs,
and plants
The greenhouses and nursery shall be used only for the propagation of
trees, shrubs, and plants suitable for planting in the public reservations.
Only those trees, shrubs, and plants shall be planted in the public reserva-
tions.
§ 8164. E. Barrett Prettyman United States Courthouse
(a) OPERATION, MAINTENANCE, AND REPAIR.—The operation, mainte-
nance, and repair of the E. Barrett Prettyman United States Courthouse,
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used by the United States Court of Appeals for the District of Columbia
and the United States District Court for the District of Columbia, is under
the control of the Administrator of General Services.
(b) ALLOCATION OF SPACE.—The allocation of space in the Courthouse
is vested in the chief judge of the United States Court of Appeals for the
District of Columbia and the chief judge of the United States District Court
for the District of Columbia.
§ 8165. Services for Office of Personnel Management
For carrying out the work of the Director of the Office of Personnel Man-
agement and the examinations provided for in sections 3304 and 3305 of
title 5, the Administrator of General Services shall—
(1) assign or provide suitable and convenient rooms and accommoda-
tions, which are furnished, heated, and lighted, in Washington, D.C.;
(2) supply necessary stationery and other articles; and
(3) arrange for or provide necessary printing.
CHAPTER 83—WASHINGTON METROPOLITAN REGION
DEVELOPMENT
Sec.
8301.
Definition.
8302.
Necessity for coordination in the development of the Washington metropolitan region.
8303.
Declaration of policy of coordinated development and management.
8304.
Priority projects.
§ 8301. Definition
In this chapter, the term ‘‘Washington metropolitan region’’ includes the
District of Columbia, the counties of Montgomery and Prince Georges in
Maryland, and the counties of Arlington and Fairfax and the cities of Alex-
andria and Falls Church in Virginia.
§ 8302. Necessity for coordination in the development of the
Washington metropolitan region
Because the District of Columbia is the seat of the Federal Government
and has become the urban center of a rapidly expanding Washington metro-
politan region, the necessity for the continued and effective performance of
the functions of the Government in the District of Columbia, the general
welfare of the District of Columbia, the health and living standards of the
people residing or working in the District of Columbia, and the conduct of
industry, trade, and commerce in the District of Columbia require that to
the fullest extent possible the development of the District of Columbia and
the management of its public affairs, and the activities of the departments,
agencies, and instrumentalities of the Government which may be carried out
in, or in relation to, the other areas of the Washington metropolitan region,
shall be coordinated with the development of those other areas and with the
management of their public affairs so that, with the cooperation and assist-
ance of those other areas, all of the areas in the Washington metropolitan
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area shall be developed and their public affairs shall be managed so as to
contribute effectively toward the solution of the community development
problems of the Washington metropolitan region on a unified metropolitan
basis.
§ 8303. Declaration of policy of coordinated development
and management
The policy to be followed for the attainment of the objective established
by section 8302 of this title, and for the more effective exercise by Congress,
the executive branch of the Federal Government, the Mayor of the District
of Columbia, and all other officers, agencies, and instrumentalities of the
District of Columbia of their respective functions, powers, and duties in re-
spect of the Washington metropolitan region, shall be that the functions,
powers, and duties shall be exercised and carried out in a manner that (with
proper recognition of the sovereignty of Maryland and Virginia in respect
of those areas of the Washington metropolitan region that are located within
their respective jurisdictions) will best facilitate the attainment of the co-
ordinated development of the areas of the Washington metropolitan area
and the coordinated management of their public affairs so as to contribute
effectively to the solution of the community development problems of the
Washington metropolitan region on a unified metropolitan basis.
§ 8304. Priority projects
In carrying out the policy pursuant to section 8303 of this title for the
attainment of the objective established by section 8302 of this title, priority
should be given to the solution, on a unified metropolitan basis, of the prob-
lems of water supply, sewage disposal, and water pollution and transpor-
tation.
CHAPTER 85—NATIONAL CAPITAL SERVICE AREA AND
DIRECTOR
Sec.
8501.
National Capital Service Area.
8502.
National Capital Service Director.
§ 8501. National Capital Service Area
(a) ESTABLISHMENT.—
(1) BOUNDARIES.—The National Capital Service Area is in the Dis-
trict of Columbia and includes the principal federal monuments, the
White House, the Capitol Building, the United States Supreme Court
Building, and the federal executive, legislative, and judicial office build-
ings located adjacent to the Mall and the Capitol Building, and is more
particularly described as the area bounded as follows:
Beginning at that point on the present Virginia-District of Co-
lumbia boundary due west of the northernmost point of Theodore
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Roosevelt Island and running due east to the eastern shore of the
Potomac River;
thence generally south along the shore at the mean high water
mark to the northwest corner of the Kennedy Center;
thence east along the northern side of the Kennedy Center to
a point where it reaches the E Street Expressway;
thence east on the expressway to E Street Northwest and
thence east on E Street Northwest to Eighteenth Street North-
west;
thence south on Eighteenth Street Northwest to Constitution
Avenue Northwest;
thence east on Constitution Avenue to Seventeenth Street
Northwest;
thence north on Seventeenth Street Northwest to Pennsylvania
Avenue Northwest;
thence east on Pennsylvania Avenue to Jackson Place North-
west;
thence north on Jackson Place to H Street Northwest;
thence east on H Street Northwest to Madison Place Northwest;
thence south on Madison Place Northwest to Pennsylvania Ave-
nue Northwest;
thence east on Pennsylvania Avenue Northwest to Fifteenth
Street Northwest;
thence south on Fifteenth Street Northwest to Pennsylvania Av-
enue Northwest;
thence southeast on Pennsylvania Avenue Northwest to John
Marshall Place Northwest;
thence north on John Marshall Place Northwest to C Street
Northwest;
thence east on C Street Northwest to Third Street Northwest;
thence north on Third Street Northwest to D Street Northwest;
thence east on D Street Northwest to Second Street Northwest;
thence south on Second Street Northwest to the intersection of
Constitution Avenue Northwest and Louisiana Avenue Northwest;
thence northeast on Louisiana Avenue Northwest to North Cap-
itol Street;
thence north on North Capitol Street to Massachusetts Avenue
Northwest;
thence southeast on Massachusetts Avenue Northwest so as to
encompass Union Square;
thence following Union Square to F Street Northeast;
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buildings and grounds under the care of the Architect of the Cap-
itol, the Supreme Court Building and grounds as described in sec-
tion 6101 of this title, and the Library of Congress buildings and
grounds as defined in section 11 of the Act of August 4, 1950 (2
U.S.C. 167j); and
(B) repeal, amend, alter, modify, or supersede—
(i) chapter 51 of this title, section 9, 9A, 9B, 9C or 14 of
the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), any
other general law of the United States, any law enacted by
Congress and applicable exclusively to the District of Colum-
bia, or any rule or regulation prescribed pursuant to any of
those provisions, that was in effect on January 1, 1975, and
that pertained to those buildings and grounds; or
(ii) any authority which existed on December 24, 1973,
with respect to those buildings and grounds and was vested
on January 1, 1975, in the Senate, the House of Representa-
tives, Congress, any committee, commission, or board of the
Senate, the House of Representatives, or Congress, the Archi-
tect of the Capitol or any other officer of the legislative
branch, the Chief Justice of the United States, the Marshal
of the Supreme Court, or the Librarian of Congress.
(2) CONTINUED
APPLICATION
OF
LAWS, 
REGULATIONS, 
AND
RULES.—Except to the extent otherwise specifically provided in this
section, all general laws of the United States and all laws enacted by
the Congress and applicable exclusively to the District of Columbia, in-
cluding regulations and rules prescribed pursuant to any of those laws,
that were in effect on January 1, 1975, and which applied to and in
the areas included in the National Capital Service Area pursuant to
this section continue to be applicable to and in the National Capital
Service Area in the same manner and to the same extent as if this sec-
tion had not been enacted and remain applicable until repealed, amend-
ed, altered, modified, or superseded.
(c) AVAILABILITY OF SERVICES AND FACILITIES.—As far as practicable,
any service or facility authorized by the District of Columbia Home Rule
Act (Public Law 93–198, 87 Stat. 774) to be rendered or furnished (includ-
ing maintenance of streets and highways, and services under section 1537
of title 31) shall be made available to the Senate, the House of Representa-
tives, Congress, any committee, commission, or board of the Senate, the
House of Representatives, or Congress, the Architect of the Capitol, any
other officer of the legislative branch who on January 1, 1975, was vested
with authority over those buildings and grounds, the Chief Justice of the
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United States, the Marshal of the Supreme Court, and the Librarian of
Congress on their request. If payment would be required for the rendition
or furnishing of a similar service or facility to any other federal agency, the
recipient, on presentation of proper vouchers and as agreed on by the par-
ties, shall pay for the service or facility in advance or by reimbursement.
(d) RIGHT TO PARTICIPATE IN ELECTION NOT AFFECTED BY RESI-
DENCY.—An individual may not be denied the right to vote or otherwise
participate in any manner in any election in the District of Columbia solely
because the individual resides in the National Capital Service Area.
§ 8502. National Capital Service Director
(a) ESTABLISHMENT AND COMPENSATION.—There is in the Executive
Office of the President the National Capital Service Director who shall be
appointed by the President. The Director shall receive compensation at the
maximum rate established for level IV of the Executive Schedule under sec-
tion 5314 of title 5.
(b) PERSONNEL.—The Director may appoint and fix the rate of com-
pensation of necessary personnel, subject to chapters 33 and 51 and sub-
chapter III of chapter 53 of title 5.
(c) DUTIES.—
(1) PRESIDENT.—The President, through the Director and using
District of Columbia governmental services to the extent practicable,
shall ensure that there is provided in the area described in section
8501(a) of this title adequate fire protection and sanitation services.
(2) DIRECTOR.—Except with respect to that part of the National
Capital Service Area comprising the United States Capitol Buildings
and Grounds as defined and described in sections 5101 and 5102, the
Supreme Court Building and grounds as described in section 6101 of
this title, and the Library of Congress buildings and grounds as defined
in section 11 of the Act of August 4, 1950 (2 U.S.C. 167j), the Direc-
tor shall ensure that there is provided in the remainder of the area de-
scribed in section 8501(a) of this title adequate police protection and
maintenance of streets and highways.
CHAPTER 87—PHYSICAL DEVELOPMENT OF NATIONAL
CAPITAL REGION
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.
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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.
SUBCHAPTER I—GENERAL
§ 8701. Findings and purposes
(a) FINDINGS.—Congress finds that—
(1) the location of the seat of government in the District of Colum-
bia has brought about the development of a metropolitan region extend-
ing 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 ex-
tent and character of development;
(4) there is needed a central planning agency for the National Cap-
ital region to coordinate certain developmental activities of the many
different agencies of the Federal and District of Columbia Govern-
ments so that those activities may conform with general objectives;
(5) there is an increasing mutuality of interest and responsibility be-
tween 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 leg-
islation.
(b) PURPOSES.—
(1) IN GENERAL.—The purposes of this chapter (except sections
8733–8736) are—
(A) to secure comprehensive planning for the physical develop-
ment 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
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(C) to establish the agency and procedures requisite to the ad-
ministration of the functions of the Federal and District Govern-
ments related to the planning.
(2) OBJECTIVE.—The general objective of this chapter (except sec-
tions 8733–8736) is to enable appropriate agencies to plan for the de-
velopment 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 appro-
priate 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 econ-
omy in the process of development.
§ 8702. Definitions
In this chapter—
(1) ENVIRONS.—The term ‘‘environs’’ means the territory sur-
rounding the District of Columbia included in the National Capital re-
gion.
(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 re-
gion’’ 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 au-
thorized under state and local laws to make and adopt comprehensive
plans.
SUBCHAPTER II—PLANNING AGENCIES
§ 8711. National Capital Planning Commission
(a) ESTABLISHMENT
AND PURPOSE.—The National Capital Planning
Commission is the central federal planning agency for the Federal Govern-
ment in the National Capital, created to preserve the important historical
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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), 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 De-
fense, 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 Af-
fairs of the Senate, and the chairman of the Committee on Gov-
ernment 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 reim-
bursement for necessary expenses incurred in performing those duties.
(c) CHAIRMAN AND OFFICERS.—The President shall designate the Chair-
man 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 em-
ploy 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.
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(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 rec-
ommendations 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 com-
prehensive plan.
(f) TRANSFER OF OTHER FUNCTIONS, POWERS, AND DUTIES.—The Na-
tional Capital Planning Commission shall carry out all other functions, pow-
ers, and duties of the National Capital Park and Planning Commission, in-
cluding 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 serv-
ices the Commission supplies. The fees shall be credited to the applicable
appropriation account as an offsetting collection and remain available until
expended.
§ 8712. Mayor of the District of Columbia
(a) PLANNING RESPONSIBILITIES.—The Mayor of the District of Colum-
bia is the central planning agency for the government of the District of Co-
lumbia in the National Capital and is responsible for coordinating the plan-
ning activities of the District government and for preparing and imple-
menting the District elements of the comprehensive plan for the National
Capital, which may include land use elements, urban renewal and redevelop-
ment 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, any extension of, or additions to,
those Buildings and Grounds, and buildings and grounds under the
care of the Architect of the Capitol.
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(b) PARTICIPATION AND CONSULTATION.—In carrying out the respon-
sibilities 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.
SUBCHAPTER III—PLANNING PROCESS
§ 8721. Comprehensive plan for the National Capital
(a) PREPARATION AND ADOPTION BY COMMISSION.—The National Cap-
ital Planning Commission shall prepare and adopt a comprehensive, con-
sistent, and coordinated plan for the National Capital. The plan shall in-
clude the Commission’s recommendations or proposals for federal develop-
ments or projects in the environs and District elements of the comprehen-
sive plan, or amendments to the elements, adopted by the Council of the
District of Columbia and with respect to which the Commission has not de-
termined 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 Commis-
sion shall review and may amend or extend the plan so that its rec-
ommendations 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 implemen-
tation, the Council shall submit each element or amendment to the Commis-
sion 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.
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(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 Commis-
sion 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 deter-
mine whether the modification has been made in accordance with
the Commission’s findings and recommendations. If the Commis-
sion 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 rec-
ommendations 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 imple-
mented. 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 recommenda-
tions to the Council and the element or amendment shall not be
implemented.
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(d) RESUBMISSION DEEMED NEW ELEMENT OR AMENDMENT.—Any ele-
ment or amendment which the Commission has determined has a negative
impact on the federal establishment in the National Capital which is sub-
mitted 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 amend-
ment 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. Rec-
ommendations by federal and District of Columbia authorities are not
binding on the Commission, but the Commission shall give careful con-
sideration 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 forma-
tion 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 Commis-
sion and the Mayor jointly shall publish a comprehensive plan for the Na-
tional 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 Com-
mission, with the consent of each agency concerned as to its represen-
tation, may establish advisory and coordinating committees composed
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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 rep-
resentatives of the planning and developmental agencies of the environs
to participate in the work of the committees.
§ 8722. Proposed federal and district developments and
projects
(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 ac-
tivities 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 com-
prehensive 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 prelimi-
nary and successive stages that affect the plan and development of the
National Capital. After receiving the plans, maps, and data, the Com-
mission promptly shall make a preliminary report and recommenda-
tions to the agency. If the agency, after considering the report and rec-
ommendations of the Commission, does not agree, it shall advise the
Commission and provide the reasons why it does not agree. The Com-
mission 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 author-
ity.
(2) EXCEPTIONS.—
(A) IN GENERAL.—Paragraph (1) does not apply to projects
within the Capitol grounds or to structures erected by the Depart-
ment of Defense during wartime or national emergency within ex-
isting military, naval, or Air Force reservations, except that the
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appropriate defense agency shall consult with the Commission as
to any developments which materially affect traffic or require co-
ordinated planning of the surrounding area.
(B) ADVANCE DECISIONS OF COMMISSION.—The Commission
shall determine in advance the type or kinds of plans, develop-
ments, 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 involv-
ing the acquisition of land shall be submitted to the Commission for
report and recommendations before a final commitment to the acquisi-
tion 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 sub-
mitted 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 re-
port 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. 802) 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 is 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
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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 pro-
posal was submitted to the Commission.
§ 8723. Capital improvements
(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 re-
view 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 ad-
vance 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.
§ 8724. Zoning regulations and maps
(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 regula-
tions 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 COMMIS-
SION.—
(1) ESTABLISHMENT AND COMPOSITION.—There is a Zoning Com-
mittee of the National Capital Planning Commission. The Committee
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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.
§ 8725. Recommendations on platting and subdividing land
(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 Plan-
ning 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 re-
port 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 amend-
ments proposed in the same manner as other proposed amendments.
§ 8726. Authorization of appropriations
Amounts necessary to carry out this subchapter may be appropriated
from money in the Treasury not otherwise appropriated and from any ap-
propriate appropriation law, except the annual District of Columbia Appro-
priation Act.
SUBCHAPTER IV—ACQUIRING AND DISPOSING OF LAND
§ 8731. Acquiring land for park, parkway, or playground
purposes
(a) AUTHORITY TO ACQUIRE LAND.—The National Capitol Planning
Commission shall acquire land the Planning Commission believes is nec-
essary 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 Com-
mission shall request the advice of the Commission of Fine Arts in selecting
land to be acquired.
(b) HOW LAND MAY BE ACQUIRED.—
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(1) PURCHASE
OR
CONDEMNATION
PROCEEDING.—The National
Capital Planning Commission may buy land when the land can be ac-
quired at a price the Planning Commission considers reasonable or by
a condemnation proceeding when the land cannot be bought at a rea-
sonable price.
(2) LAND IN THE DISTRICT OF COLUMBIA.—A condemnation pro-
ceeding 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 agree-
ments between the National Capital Planning Commission and the officials
of Maryland and Virginia are subject to the approval of the President.
§ 8732. Acquiring land subject to limited rights reserved to
grantor and limited permanent rights in land ad-
joining park property
(a) IN GENERAL.—The National Capital Planning Commission in accord-
ance with this chapter may acquire, for and on behalf of the Federal Gov-
ernment, 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 essen-
tially impair the value of the park property for its purposes.
(b) PREREQUISITES TO ACQUISITION.—
(1) FEE TITLE TO LAND SUBJECT TO LIMITED RIGHTS.—The res-
ervation of rights to the grantor shall not continue beyond the life of
the grantor of the fee. The Commission must decide that the perma-