dreamproit/uscode huggingface dataset:
40 U.S.C. § 8104 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 8104. Regulation of private and semipublic buildings adjacent to public buildings and grounds
(a) Factors for Development.—
In view of the provisions of the Constitution respecting the establishment of the seat of the National Government, the duties it imposed on Congress in connection with establishing the seat of the National Government, and the solicitude shown and the efforts exerted by President Washington in the planning and development of the Capital City, the development should proceed along the lines of good order, good taste, and with due regard to the public interests involved, and a reasonable degree of control should be exercised over the architecture of private or semipublic buildings adjacent to public buildings and grounds of major importance.
(b) Submission of Application to Commission of Fine Arts.—
The Mayor of the District of Columbia shall submit to the Commission of Fine Arts an application for a permit to erect or alter any building, a part of which fronts or abuts on the grounds of the Capitol, the grounds of the White House, the part of Pennsylvania Avenue extending from the Capitol to the White House, Lafayette Park, Rock Creek Park, the Zoological Park, the Rock Creek and Potomac Parkway, Potomac Park, or The Mall Park System and public buildings adjacent to the System, or abuts on any street bordering any of those grounds or parks, so far as the plans relate to height and appearance, color, and texture of the materials of exterior construction.
(c) Report to Mayor.—
The Commission shall report promptly its recommendations to the Mayor, including any changes the Commission decides are necessary to prevent reasonably avoidable impairment of the public values belonging to the public building or park. If the Commission fails to report its approval or disapproval of a plan within 30 days, the report is deemed approved and a permit may be issued.
(d) Action by the Mayor.—
The Mayor shall take action the Mayor decides is necessary to effect reasonable compliance with the recommendation under subsection (c).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1205; Pub. L. 109–284, § 6(22), Sept. 27, 2006, 120 Stat. 1213.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
8104
40:121.
May 16, 1930, ch. 291, § 1, 46 Stat. 366; July 31, 1939, ch. 400, 53 Stat. 1144.
In this chapter, the word “Mayor” is substituted for “Commissioners” [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to “Commissioner” (meaning the Commissioner of the District of Columbia) because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789).
In subsection (a), the words “it is hereby declared that” are omitted as unnecessary.
In subsection (b), the words “To this end, hereafter” are omitted as unnecessary.
heading: Editorial Notes
heading: Amendments
text: 2006—Subsec. (b). Pub. L. 109–284 substituted “Commission of Fine Arts” for “Commission on Fine Arts”.
40 U.S.C. § 8105 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 8105. Approval by Administrator of General Services
Subject to applicable provisions of existing law relating to the functions in the District of Columbia of the National Capital Planning Commission and the Commission of Fine Arts, only the Administrator of General Services is required to approve sketches, plans, and estimates for buildings to be constructed by the Administrator, except that the Administrator and the United States Postal Service must approve buildings designed for post office purposes.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1206; Pub. L. 109–284, § 6(23), Sept. 27, 2006, 120 Stat. 1213.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
8105
40:128.
June 14, 1946, ch. 404, § 8, 60 Stat. 258.
The words “On and after June 14, 1946” are omitted as obsolete. The words “National Capital Planning Commission” are substituted for “National Capital Park and Planning Commission” because of section 9 of the Act of June 6, 1924 (ch. 270), as added by section 1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790). See section 8711(f) of the revised title. The words “Administrator of General Services” are substituted for “Commissioner of Public Buildings” because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words “constructed by the Administrator” are substituted for “constructed by the Public Buildings Administration” [subsequently changed to “constructed by the General Services Administration” because of section 103(a)] because of section 101(b) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 379), which is restated as section 302(a) of the revised title. The words “United States Postal Service” are substituted for “Postmaster General” because of section 4(a) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773).
heading: Editorial Notes
heading: Amendments
text: 2006—Pub. L. 109–284 substituted “post office” for “post-office”.
40 U.S.C. § 8123 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 8123. Record of transfer of jurisdiction between Director of National Park Service and Mayor of District of Columbia
When in accordance with law or mutual legal agreement, spaces or portions of public land are transferred between the jurisdiction of the Director of the National Park Service, as established by the Act of July 1, 1898 (ch. 543, 30 Stat. 570), and the Mayor of the District of Columbia, the letters of transfer and acceptance exchanged between them are sufficient authority for the necessary change in the official maps and for record when necessary.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1207.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
8123
40:79.
July 1, 1898, ch. 543, § 5, 30 Stat. 570.
For transfer of functions from the Chief of Engineers to the Director of the National Park Service, see the revision note under section 8102 of this title. The word “Mayor” is substituted for “Commissioners” [meaning the Board of Commissioners of the District of Columbia] [which subsequently should have been changed to “Commissioner” (meaning the Commissioner of the District of Columbia) rather than “District of Columbia Council” because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789).
heading: Editorial Notes
heading: References in Text
text: The Act of July 1, 1898, referred to in text, is act July 1, 1898, ch. 543, 30 Stat. 570, as amended, which enacted sections 60, 75, 78, 79, and 80 of former Title 40, Public Buildings, Property, and Works, and amended section 67 of former Title 40. Sections 60, 67, 75, 78, and 80 of former Title 40 have been omitted from the Code. Section 79 of former Title 40 was repealed and reenacted as this section by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
40 U.S.C. § 8502 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 5315 of title 5.
(b) Personnel.—
The Director may appoint and fix the rate of compensation 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 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 of this title, 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 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1215; Pub. L. 109–284, § 6(25), (26), Sept. 27, 2006, 120 Stat. 1213.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
8502(a)
40:136(b) (1st sentence), (c) (1st sentence).
Pub. L. 93–198, title VII, § 739(b), (c), Dec. 24, 1973, 87 Stat. 825.
8502(b)
40:136(c) (last sentence).
8502(c)
40:136(b) (2d, last sentences).
In subsection (a), the words “from time to time” and “of section 5314 [sic] of title 5” are omitted as unnecessary. [The words “of section 5314 of title 5” were not omitted.]
In subsection (b), the reference to chapter 33 of title 5 is substituted for “the provisions of title 5 governing appointments in the competitive service” for clarity and for consistency in the revised title and with other titles of the United States Code. The words “subchapter III” are substituted for “subchapter 3” to correct an error in the source provision.
heading: Editorial Notes
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–284, § 6(25), substituted “5315” for “5314”.
Subsec. (c)(2). Pub. L. 109–284, § 6(26), inserted “of this title” after “sections 5101 and 5102”.
40 U.S.C. § 8712 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 activities of the District government and for preparing and implementing the District elements of the comprehensive plan for the National Capital, which may include land use elements, urban renewal and redevelopment elements, a multiyear program of public works for the District, and physical, social, economic, transportation, and population elements. The Mayor’s planning responsibility shall not extend to—
(1) federal or international projects and developments in the District, as determined by the National Capital Planning Commission; or
(2) the United States Capitol Buildings and Grounds as defined and described in sections 5101 and 5102 of this title, any extension of, or additions to, those Buildings and Grounds, and buildings and grounds under the care of the Architect of the Capitol.
(b) Participation and Consultation.—
In carrying out the responsibilities under this section and section 8721 of this title, the Mayor shall establish procedures for citizen participation in the planning process and for appropriate meaningful consultation with any state or local government or planning agency in the National Capital region affected by any aspect of a comprehensive plan, including amendments, affecting or relating to the District.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1218; Pub. L. 109–284, § 6(28), Sept. 27, 2006, 120 Stat. 1213.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
8712
40:71a(a)(2).
June 6, 1924, ch. 270, § 2(a)(2), as added July 19, 1952, ch. 949, § 1, 66 Stat. 782; Pub. L. 93–198, title II, § 203(a), Dec. 24, 1973, 87 Stat. 779.
heading: Editorial Notes
heading: Amendments
text: 2006—Subsec. (a)(2). Pub. L. 109–284 inserted “of this title” after “sections 5101 and 5102”.
40 U.S.C. § 8723 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1223.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
8723
40:71f.
June 6, 1924, ch. 270, § 7, as added July 19, 1952, ch. 949, § 1, 66 Stat. 789; Pub. L. 93–198, title II, § 203(f), Dec. 24, 1973, 87 Stat. 782.
In subsection (b), the words “District of Columbia Home Rule Act” are substituted for “District of Columbia of Columbia Self-Government and Governmental Reorganization Act” because of section 11717(b) of the Balanced Budget Act of 1997 (Public Law 105–33, 111 Stat. 786).
heading: Editorial Notes
heading: References in Text
text: Section 444 of the District of Columbia Home Rule Act, referred to in subsec. (b), is section 444 of Pub. L. 93–198, title IV, Dec. 24, 1973, 87 Stat. 800, as amended, which is not classified to the Code.
40 U.S.C. § 8724 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 Commission may also submit to the Zoning Commission proposed amendments or general revisions to the zoning regulations or the zoning map for the District of Columbia.
(b) Additional Report by Planning Commission.—
When requested by an authorized representative of the Planning Commission, the Zoning Commission may recess for a reasonable period of time any public hearing it is holding to consider a proposed amendment to the zoning regulations or map so that the Planning Commission may have an opportunity to present to the Zoning Commission an additional report on the proposed amendment.
(c) Zoning Committee of National Capital Planning Commission.—
(1) Establishment and composition.—
There is a Zoning Committee of the National Capital Planning Commission. The Committee consists of at least three members of the Planning Commission the Planning Commission designates for that purpose. The number of members serving on the Committee may vary.
(2) Duties.—
The Committee shall carry out the functions vested in the Planning Commission under this section and section 8725 of this title—
(A) to the extent the Planning Commission decides; and
(B) when requested by the Zoning Commission and approved by the Planning Commission.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1223.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
8724(a)
40:71g(a).
June 6, 1924, ch. 270, § 8(a)–(c), as added July 19, 1952, ch. 949, § 1, 66 Stat. 790; Pub. L. 93–198, title II, § 203(g), Dec. 24, 1973, 87 Stat. 783.
8724(b)
40:71g(b).
8724(c)
40:71g(c).
In subsection (a), the words “Act of June 20, 1938” are substituted for “Act of March 1, 1920” to correct an error in the law.
In subsection (b), the words “properly”, “at its discretion”, and “or its representative” are omitted as unnecessary.
In subsection (c)(1), the words “from time to time” are omitted as unnecessary.
heading: Editorial Notes
heading: References in Text
text: Section 5 of the Act of June 20, 1938, referred to in subsec. (a), is section 5 of act June 20, 1938, ch. 534, 52 Stat. 798, which is not classified to the Code.
40 U.S.C. § 8901 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 8901. Purposes
The purposes of this chapter are—
(1) to preserve the integrity of the comprehensive design of the L’Enfant and McMillan plans for the Nation’s Capital;
(2) to ensure the continued public use and enjoyment of open space in the District of Columbia and its environs, and to encourage the location of commemorative works within the urban fabric of the District of Columbia;
(3) to preserve, protect and maintain the limited amount of open space available to residents of, and visitors to, the Nation’s Capital; and
(4) to ensure that future commemorative works in areas administered by the National Park Service and the Administrator of General Services in the District of Columbia and its environs—
(A) are appropriately designed, constructed, and located; and
(B) reflect a consensus of the lasting national significance of the subjects involved.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1227; Pub. L. 108–126, title II, § 203(a), Nov. 17, 2003, 117 Stat. 1349.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
8901
40:1001.
Pub. L. 99–652, § 1, Nov. 14, 1986, 100 Stat. 3650.
heading: Editorial Notes
heading: Amendments
text: 2003—Par. (2). Pub. L. 108–126 substituted “Columbia and its environs, and to encourage the location of commemorative works within the urban fabric of the District of Columbia;” for “Columbia;”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2003 Amendment
text: Pub. L. 108–126, title II, § 205, Nov. 17, 2003, 117 Stat. 1353, provided that: “Except for the provision in the amendment made by section 202(b) [amending section 8908 of this title] prohibiting a visitor center from being located in the Reserve (as defined in section 8902 of title 40, United States Code), nothing in this title [see Short Title of 2003 Amendment note set out under section 101 of this title] shall apply to a commemorative work for which a site was approved in accordance with chapter 89 of title 40, United States Code, prior to the date of enactment of this title [Nov. 17, 2003].”
heading: Findings
text: Pub. L. 108–126, title II, § 202(a), Nov. 17, 2003, 117 Stat. 1349, provided that:
“Congress finds that—
“(1) the great cross-axis of the Mall in the District of Columbia, which generally extends from the United States Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial, is a substantially completed work of civic art; and
“(2) to preserve the integrity of the Mall, a reserve area should be designated within the core of the great cross-axis of the Mall where the siting of new commemorative works is prohibited.”
40 U.S.C. § 9301 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 9301. Maintenance and administration
The Director of the National Park Service shall maintain and administer Theodore Roosevelt Island as a natural park for the recreation and enjoyment of the public.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1233.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
9301
40:124 (words before proviso).
May 21, 1932, ch. 200, § 1 (words before proviso), 47 Stat. 163; Feb. 11, 1933, ch. 48, § 1, 47 Stat. 799.
In this chapter, the words “Director of the National Park Service” are substituted for “Director of Public Buildings and Public Parks of the National Capital” and “director” because of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of June 10, 1934 (ch. 38, 48 Stat. 389).
In this section, the text of section 1 (words before 1st semicolon) of the Act of May 21, 1932 (ch. 200, 47 Stat. 163) is omitted as executed.
heading: Statutory Notes and Related Subsidiaries
heading: Designation of Theodore Roosevelt Island
text: Act Feb. 11, 1933, ch. 48, § 2, 47 Stat. 799, provided that: “In all public documents, records, and maps of the United States in which Roosevelt Island is designated or referred to it shall be designated as ‘Theodore Roosevelt Island’.”
40 U.S.C. § 9302 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 9302. Consent of Theodore Roosevelt Association required for development
(a) General Plan for Development.—
The Theodore Roosevelt Association must approve every general plan for the development of Theodore Roosevelt Island.
(b) Development Inconsistent With Plan.—
As long as the Association remains in existence, development inconsistent with the general plan may not be carried out without the Association’s consent.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1233; Pub. L. 109–284, § 6(30), Sept. 27, 2006, 120 Stat. 1213.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
9302
40:124 (proviso).
May 21, 1932, ch. 200, § 1 (proviso), 47 Stat. 163.
The words “Theodore Roosevelt Association” are substituted for “Roosevelt Memorial Association” because of section 2 of the Act of May 21, 1953 (ch. 63, 36:210101 note).
heading: Editorial Notes
heading: Amendments
text: 2006—Subsec. (b). Pub. L. 109–284 substituted “With” for “with” in heading.