174
(c) CERTAIN LAWS NOT REPEALED.—Subsection (a) does not repeal any
law in effect on May 20, 1932, which authorized the transfer of jurisdiction
of certain land among and between federal and District authorities.
§ 8125. Public spaces resulting from filling of canals
The Director of the National Park Service has jurisdiction over all public
spaces resulting from the filling of canals in the original city of Washington
that were not under the jurisdiction of the Chief of Engineers of the United
States Army as of August 1, 1914, except spaces included in the navy yard
or in actual use as roadways and sidewalks and spaces assigned by law to
the District of Columbia for use as a property yard and the location of a
sewage pumping station. The spaces shall be laid out as reservations as a part
of the park system of the District of Columbia.
§ 8126. Temporary occupancy of Potomac Park by Secretary
of Agriculture
(a) NOT MORE THAN 75 ACRES.—The Director of the National Park Serv-
ice may allow the Secretary of Agriculture to temporarily occupy as a testing
ground not more than 75 acres of Potomac Park not needed in any 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 Aqueduct
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 purposes.
(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 fix-
tures connected with the Aqueduct.
SUBCHAPTER III—SERVICES FOR FACILITIES
§ 8141. Contract to rent buildings in the District of Columbia
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 section
175
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 instead
if it is in the public interest to do so. This section does not authorize an in-
crease 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 Services
may furnish heat from the central heating plant to the Corcoran Gallery 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.
(b) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM.—The Ad-
ministrator 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 District of
Columbia if the Board agrees to—
(1) pay for the steam furnished at reasonable rates the Administrator
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 determine
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 consump-
tion. The branches of the Federal Government and the government of the Dis-
trict of Columbia shall pay for the fuel from their applicable appropriations
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 prop-
erly mark appropriate and sufficient parking spaces on the streets adjacent
176
to all public buildings in the District for the use of Members of Congress en-
gaged 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 reservations.
§ 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,
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 Alexan-
dria and Falls Church in Virginia.
177
§ 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 metropolitan
region, the necessity for the continued and effective performance of the func-
tions of the Government in the District of Columbia, the general welfare of
the District of Columbia, the health and living standards of the people resid-
ing 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 manage-
ment of its public affairs, and the activities of the departments, agencies, and
instrumentalities of the Government which may be carried out in, or in rela-
tion to, the other areas of the Washington metropolitan region, shall be coordi-
nated with the development of those other areas and with the management
of their public affairs so that, with the cooperation and assistance of those
other areas, all of the areas in the Washington metropolitan area shall be de-
veloped and their public affairs shall be managed so as to contribute effec-
tively 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 Co-
lumbia, and all other officers, agencies, and instrumentalities of the District
of Columbia of their respective functions, powers, and duties in respect of the
Washington metropolitan region, shall be that the functions, powers, and du-
ties shall be exercised and carried out in a manner that (with proper recogni-
tion 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 coordinated develop-
ment of the areas of the Washington metropolitan area and the coordinated
management of their public affairs so as to contribute effectively to the solu-
tion 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 at-
tainment 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.
178
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
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 Northwest;
thence south on Eighteenth Street Northwest to Constitution Ave-
nue Northwest;
thence east on Constitution Avenue to Seventeenth Street North-
west;
thence north on Seventeenth Street Northwest to Pennsylvania
Avenue Northwest;
thence east on Pennsylvania Avenue to Jackson Place Northwest;
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 Avenue
Northwest;
thence east on Pennsylvania Avenue Northwest to Fifteenth Street
Northwest;
thence south on Fifteenth Street Northwest to Pennsylvania Ave-
nue Northwest;
thence southeast on Pennsylvania Avenue Northwest to John Mar-
shall Place Northwest;
thence north on John Marshall Place Northwest to C Street
Northwest;
181
(b) APPLICABILITY OF OTHER PROVISIONS.—
(1) PROVISIONS COVERING BUILDINGS AND GROUNDS IN AREA NOT AF-
FECTED.— Except to the extent specifically provided by this section, this
section does not—
(A) apply to the United States Capitol Buildings and Grounds
as defined and described in sections 5101 and 5102, any other
buildings and grounds under the care of the Architect of the Capitol,
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); 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 Columbia, or any
rule or regulation prescribed pursuant to any of those provi-
sions, that was in effect on January 1, 1975, and that per-
tained 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 Jan-
uary 1, 1975, in the Senate, the House of Representatives, Con-
gress, any committee, commission, or board of the Senate, the
House of Representatives, or Congress, the Architect of the Cap-
itol or any other officer of the legislative branch, the Chief Jus-
tice 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, including regula-
tions 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 in-
cluded in the National Capital Service Area pursuant to this section con-
tinue to be applicable to and in the National Capital Service Area in
the same manner and to the same extent as if this section had not been
enacted and remain applicable until repealed, amended, altered, modi-
fied, 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 (including
182
maintenance of streets and highways, and services under section 1537 of title
31) shall be made available to the Senate, the House of Representatives, Con-
gress, any committee, commission, or board of the Senate, the House of Rep-
resentatives, 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 United States, the Mar-
shal 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 parties, 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 par-
ticipate in any manner in any election in the District of Columbia solely be-
cause 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 section 5314 of
title 5.
(b) PERSONNEL.—The Director may appoint and fix the rate of compensa-
tion of necessary personnel, subject to chapters 33 and 51 and subchapter III
of chapter 53 of title 5.
(c) DUTIES.—
(1) PRESIDENT.—The President, through the Director and using Dis-
trict 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 Cap-
ital Service Area comprising the United States Capitol Buildings and
Grounds as defined and described in sections 5101 and 5102, the Su-
preme 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 Director shall
ensure that there is provided in the remainder of the area described 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.
183
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.
SUBCHAPTER I—GENERAL
§ 8701. Findings and purposes
(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 dif-
ferent 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 be-
tween the various levels of government that calls for coordinate and uni-
fied policies in planning both federal and local development in the inter-
est 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 legis-
lation.
(b) PURPOSES.—
184
(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
(C) to establish the agency and procedures requisite to the admin-
istration 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 Cap-
ital and with due regard for the rights and prerogatives of the ad-
joining 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.
§ 8702. Definitions
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 Dis-
trict of Columbia and territory the Federal Government owns in the en-
virons.
(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 coun-
ties 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.
185
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
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 Dis-
trict 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 ap-
pointed 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 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 Re-
vised Statues (41 U.S.C. 5) and section 3109, chapters 33 and 51, and sub-
chapter III of chapter 53, of title 5, the Commission may employ, by contract
186
or otherwise, the temporary or intermittent (not more than one year) services
of city planners, architects, engineers, appraisers, and other experts or organi-
zations of experts, as may be necessary to carry out its functions. The Com-
mission 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 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 services
the Commission supplies. The fees shall be credited to the applicable appro-
priation account as an offsetting collection and remain available until ex-
pended.
§ 8712. Mayor of the District of Columbia
(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 ac-
tivities 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 re-
sponsibility shall not extend to—
187
(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.
(b) PARTICIPATION AND CONSULTATION.—In carrying out the responsibil-
ities under this section and section 8721 of this title, the Mayor shall establish
procedures for citizen participation in the planning process and for appro-
priate meaningful consultation with any state or local government or plan-
ning agency in the National Capital region affected by any aspect of a com-
prehensive 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 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 Colum-
bia 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 Co-
lumbia 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 Cap-
ital.
(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
188
interests or functions of the federal establishment in the National Cap-
ital.
(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 neg-
ative 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 Coun-
cil accepts the findings and recommendations and modifies the ele-
ment 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 Commis-
sion again determines the element or amendment has a negative im-
pact on the functions or interests of the federal establishment in the
National Capital, the element or amendment shall not be imple-
mented.
(D) FINDINGS AND RECOMMENDATIONS REJECTED.—If the Coun-
cil rejects the findings and recommendations and resubmits a modi-
fied element or amendment, the Commission, within 60 days after
receiving it, shall decide whether the modified element or amend-
ment has a negative impact on the interests or functions of the fed-
eral 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 in-
corporated into the comprehensive plan and implemented. If the
189
Commission finds a negative impact, it shall certify its findings (in
sufficient detail that the Council can understand the basis of the ob-
jection 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 ele-
ment or amendment which the Commission has determined has a negative im-
pact 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, ele-
ment, or revision to the appropriate federal or District of Columbia au-
thorities 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 sec-
tion.
(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 Dis-
trict 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 con-
sultation throughout the planning process for the National Capital.
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(2) GOVERNMENT AGENCIES.—In order that the National Capital may
be developed in accordance with the comprehensive plan, the Commis-
sion, with the consent of each agency concerned as to its representation,
may establish advisory and coordinating committees composed of rep-
resentatives of agencies of the Federal and District of Columbia Govern-
ments 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.
§ 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 Cap-
ital Planning Commission as the central planning agency for federal activi-
ties in the National Capital region. To aid the Commission in carrying out
this function, federal and District of Columbia governmental agencies on re-
quest of the Commission shall furnish plans, data, and records the Commis-
sion 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 be-
fore 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 Na-
tional Capital. After receiving the plans, maps, and data, the Commis-
sion promptly shall make a preliminary report and recommendations to
the agency. If the agency, after considering the report and recommenda-
tions 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 Depart-
191
ment of Defense during wartime or national emergency within ex-
isting military, naval, or Air Force reservations, except that the ap-
propriate defense agency shall consult with the Commission as to
any developments which materially affect traffic or require coordi-
nated 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 sub-
mitted 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 ac-
quisition 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 rec-
ommendations shall be submitted within 60 days and shall be accom-
panied by any reports or recommendations of the planning agency.
(3) WORKING WITH STATE OR LOCAL AUTHORITY OR AGENCY.—In car-
rying 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 build-
ings 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.
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(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 Dis-
trict (as defined by concurrent action of the Commission and the Council of
the District of Columbia), except that the Commission shall transmit its ap-
proval or disapproval within 30 days after the day the proposal was sub-
mitted 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 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 pro-
gram of capital improvements within the National Capital and its environs.
(b) SUBMISSION OF MULTIYEAR CAPITAL IMPROVEMENT PLAN.—By Feb-
ruary 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 Com-
mission 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 regulations and maps
with the comprehensive plan for the National Capital. The Planning Commis-
sion 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 Com-
mission 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 Com-
mittee of the National Capital Planning Commission. The Committee
consists of at least three members of the Planning Commission the Plan-
193
ning 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 Dis-
trict 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 rea-
sons why it disagrees. The Commission then shall submit a final report with-
in 30 days. After considering the final report, the Council may act in accord-
ance 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 appropriate
appropriation law, except the annual District of Columbia Appropriation
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 Com-
mission 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 appro-
priations 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 Cap-
ital Planning Commission may buy land when the land can be acquired
194
at a price the Planning Commission considers reasonable or by a con-
demnation proceeding when the land cannot be bought at a reasonable
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 Dis-
trict 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 Dis-
trict 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 Govern-
ment, by gift, devise, purchase, or condemnation—
(1) fee title to land subject to limited rights, but not for business pur-
poses, 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 reserva-
tion of rights to the grantor shall not continue beyond the life of the
grantor of the fee. The Commission must decide that the permanent pub-
lic park purposes for which control over the land is needed are not essen-
tially impaired by the reserved rights and that there is a substantial sav-