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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.
189
(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.
190
(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
193
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
194
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
195
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
196
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.—